In the state of California, a civil law case is often regulated by a statute of limitations that define the amount of time in which a party may file a claim and the maximum amount of time allowed for legal actions to be initiated in the matter being adjudicated.
These limitations are designed to continue moving the legal process forward at a brisk pace so disputes are resolved in a timely manner. But certain time limits are also in place throughout the duration of a legal matter to avoid prolonging a lawsuit unnecessarily, and to safeguard the integrity of evidence and witnesses that will be presented during a trial.
Civil law time limits will often vary based on the type of claim that has been filed and compliance with the prescribed timeframes is critical for both parties entering into a civil dispute.
Understanding How a Statute of Limitations Works
Both state and federal law prescribe a statute of limitations on most legal matters in civil and criminal cases. For the purposes of the former, the statute of limitations defines the maximum periods in which a lawsuit may be filed and length of time in which phases of the legal process such as serving summons and complaint, discovery, arbitration, and various motions and hearings during trial must be completed as per the California Code of Civil Procedure (CCP), sections 312-366.
Limitations laws may vary based on the type of legal claim being pursued and, in the event one party misses a deadline in the case, it could prevent that party from filing a lawsuit altogether. A plaintiff must file suit within the prescribed time frame as it pertains to the particular type of claim that has been asserted, should that fail to occur, defense counsel may identify the expiration of the statute of limitations as an impetus for dismissal of the case.
Civil cases come with certain time limits that must also be complied with or may result in the offending party missing their opportunity to submit an amended complaint, file written discovery or hear discovery motions, seek summary judgment in a case, request documents or other important components to prepare for trial, or postpone or delay the trial date.
Time Limits on Civil Lawsuits in the State of California
When filing a civil suit in California, the statute of limitations varies depending on the claim and while there are a wide range of civil cases that move through the state courts in any given year, failing to file in a timely manner could jeopardize a case due to an expired time limit.
The following are time limits for filing some of the most common civil cases as per California state law:
Personal Injury Claims: Two Years
California Code of Civil Procedure § 335.1
The statute of limitations in place to file a personal injury claim is two years from the date an injury is sustained or from the date on which an injury is identified or should have been disclosed or discovered. Personal injury cases such as car accidents, slip and fall incidents, workplace injuries, or similar events involving an injured person have a two year time limit that starts on the date of the injury.
Latent injury claims where symptoms may not be as readily apparent are covered by a discovery rule that provides for the statute of limitations to begin on the date when the injury is identified or should have been under reasonable standards of diligence. However, this condition only applies in situations where the plaintiff can show proof that his or her injury could not have been determined any sooner under reasonable circumstances.
Wrongful Death Claims: Two Years
California Code of Civil Procedure § 335.1
The wrongful death of an individual that occurred as a result of negligence or wrongdoing on the part of another party comes with a two year time limit from the date of death for the family or a dependent to file a claim. The cause of death does not impact the statute of limitations so long as the deceased was the victim of negligent conduct such as a motor vehicle accident, an accident at a construction site, medical malpractice, or any other incident that may be deemed a negligent or wrongful act.
Product Liability Claims: Two Years
California Code of Civil Procedure § 335.1
A product liability claim is filed by an individual who has suffered injuries sustained as the result of using a defective product. The statute of limitations kicks in from the date the injury is sustained by the victim or from the date the defect has been identified.
Most cases such as these involve a consumer product that is unsafe due to a design flaw, manufacturing defect, a part of the product is faulty, or the company failed to provide sufficient warnings about the use of the product and an injury occurred as a result.
Property Damage Claims: Three Years
California Code of Civil Procedure § 338(b)
A property damage complaint filed within three years from the date the damage occurred would clear the statute of limitations. The damage can be done to real estate property or personal property in order to file a property damage lawsuit. For instance, if a neighbor’s tree falls and damages your motor vehicle, a lawsuit must be filed within three years from the date on which the damage occurred.
Breach of Written Contract Claims: Four Years
California Code of Civil Procedure § 337
Any written contract whether a formal arrangement, executed document, or promissory note is a legally binding agreement that, if breached, comes with a statute of limitations of four years from the date on which one of the parties fails to honor their obligations under the agreement. For instance, if a supplier fails to provide inventory as agreed, the buyer has four years from the date of the contract violation to file a breach of contract claim.
Breach of Oral Contract Claims: Two Years
California Code of Civil Procedure § 339
In the event the contract being violated is an oral agreement, the statute of limitations runs for two years from the date of breach. Proving that an oral contract has been breached comes with a unique set of challenges that make it tougher to validate, first and foremost nothing has been committed to paper so there is no actual legal document to corroborate the terms of the agreement. But the aggrieved party is given a period of two years to file a lawsuit against the opposing party and bring the matter before the California court system.
Medical Malpractice Claims: Three Years/One Year
California Code of Civil Procedure § 340.5
A case of medical malpractice typically involves a patient who intends to file a lawsuit against a healthcare provider for negligence, misconduct, or wrongdoing that resulted in some form of harm or injury. Filing suit comes with a three year statute of limitations that starts from the date the injury occurred or one year from the date when the harm or injury is identified. There is an additional requirement as part of the statute in that a patient is required to file his or her claim within three years even if the harm or injury is identified after the one year provided, just as long as the patient files that claim prior to the eight year anniversary of the date on which the harm or injury took place.
Medical malpractice can occur due to misdiagnosis or failure to diagnose, errors during surgery, mistakes in prescribing medication, injuries sustained during childbirth, performing medically unnecessary surgery, medical device mishaps, and other errors committed during treatment that resulted in significant harm or injury to the patient.
Defamation Claims: One Year
California Code of Civil Procedure § 340(c)
The act of defamation either as libel or slander carries with it a one year statute of limitations for the defamed party to file a civil suit against the libelous or slanderous party. Defamation cases require time-sensitive responses because the damage caused by the libel or slander often occurs shortly after the statements are made and, therefore, delaying a civil suit may do further damage to the defamed party as it can become more challenging to determine the extent of the damage done.
Fraud Claims: Three Years
California Code of Civil Procedure § 338(d)
Fraud claims may be filed within three years of the date when fraud is identified or should have been determined. Committing fraud means intentionally lying or misrepresenting facts to an individual or party which could result in that individual or party suffering damages in a variety of forms, be it monetary, disadvantage, or oppressive in nature, resulting in the damaged party sustaining a loss based on faulty information or inducement. The discovery rule permits a plaintiff to take an extension on filing a claim in the event that the party was unaware of the fraud until a later date.
Wrongful Termination: Two Years
California Code of Civil Procedure § 335.1
Under California law, any employee who is terminated from his or her position of employment for any reason that would be considered a violation of public policy has two years from the date of the termination to bring a civil suit against the offending employer. Common examples of a wrongful termination include being fired for refusing to participate in an illegal activity and/or reporting such violations in a whistleblower capacity, choosing to exercise a legal right under the law, or serving on a jury.
Wage and Hour Violations: Three Years
California Code of Civil Procedure § 338(a)
California Labor Code § 1194
Workers are entitled to specific wage and hour laws that provide for minimum wage and overtime compensation. The law also sets forth prescribed meal break and rest break rules. Employers in the state of California must remain in compliance with all of these laws and regulations or potentially face a civil lawsuit for committing wage and hour violations. The statute of limitations gives an employee three years to recover unpaid wages, unpaid overtime, and other possible damages should the employer be found non-compliant.
Employer Retaliation: Three Years
California Labor Code § 1102.5(f)
Any employee exercising his or her right to act as a whistleblower is protected under the California Whistleblower Protection Act and if an employer decides to retaliate against that employee to terminate their employment, reduce their duties, demote, harass, or otherwise act in a retaliatory manner as a result of exercising that right, that retaliation may be considered a violation of state law under the California Labor Code. Should the employee decide to bring a civil suit against his or her employer for retaliation, the statute of limitations is three years from the date of the adverse action. The lawsuit may also extend to any employee or agent acting on behalf of the employer to retaliate against the employee by taking similar actions of harassment, demotion, or reduction in duties or pay.
Exceptional Circumstances to Limitations on Civil Suits
There are often exceptions to the rule and that includes civil law time limits in California. There are certain circumstances that affect how much time the law allows to move forward with filing a civil claim against an opposing party. The following are some of the critical considerations that play a contributing factor in adjusting the time period for filing a claim in a timely manner.
The Discovery Rule
The discovery rule is applied in situations such as fraud or matters of latent injury where a plaintiff fails to discover injury, wrongdoing, or negligence until a later time. When this applies to the potential filing of a civil lawsuit, the time limit to file a claim is extended beyond the standard set forth by the statute of limitations that apply to that type of case.
Suspension of Statute of Limitations
There are circumstances in which the statute of limitations is “tolled” or suspended because certain factors apply to the case and must be addressed. These instances may conflict with the standard statute of limitations that apply, therefore, the time limits are tolled as a result.
Common reasons for suspending the statute of limitations in filing a civil suit are the following:
- If the plaintiff in the case is a minor, the statute of limitations can be suspended until the plaintiff reaches eighteen years of age, at which time the limitations are re-applied and the case must be filed before the time limits expire.
- If the defendant is located out of state, this can also trigger a suspension of the statute of limitations in the case.
- If the defendant has committed fraud by concealing his or her actions with respect to the defendant’s answer on discovery requests or other crucial issues and responses that can have an effect on the timing of the case.
Equitable Estoppel
A defendant’s actions may have a direct impact on a plaintiff’s ability to file a claim within the prescribed time limits of the civil dispute. The actions may involve misrepresentation of fact, concealing evidence, delaying or ignoring discovery requests, and other circumstances that severely hamper the plaintiff’s complaint being filed within the statute of limitations.
If the defendant’s actions are found to be a major factor in delaying the plaintiff from filing within the statute of limitations, the court can apply equitable estoppel as a remedy for suspending the time limits and allowing the plaintiff to proceed with the claim.
Equitable estoppel is designed to prevent both parties involved in a legal matter from taking advantage of situations or positions in which they have manipulated fact or misled the other party or the court in believing they would be reliable participants in the process.
How Much Time Do You Have to File Your Civil Claim?
Civil law time limits can be very difficult to navigate and knowing whether or not to proceed with a civil suit may be intimidating for those who have little to no experience with California state law. The Law Office of Fahim Rahman is highly-skilled and knowledgeable in fighting for the rights of those who have been wronged or taken advantage of by unscrupulous individuals or entities.
Does this sound like you? Have you suffered a personal injury, a defamation, or have you been the victim of a faulty product? The law limits the amount of time you have to determine if you have been the victim of fraudulent or harmful actions and decide whether or not to file a claim to protect your rights.
Attorney Fahim Rahman will discuss the facts of your situation, help you decide if you have a case, and advise you on how to take the next steps towards filing your claim and bringing a civil lawsuit to the courts within the statute of limitations prescribed for your case as per the California Code of Civil Procedure. Call today and you can get started on learning what to do next and how to get the compensation you deserve.