Los Angeles Statute of Limitations

Each state sets their own statutes of limitations which govern the amount of time a plaintiff has to bring a lawsuit. The statutes are dependent, not only on the individual state but also on the type of lawsuit in question.

As an example, there is no statute of limitations on the crime of murder. This means that if new information regarding a murder comes to light thirty years (or even longer) after the crime was committed, the suspect may still be charged and tried for the crime. The statutes of limitations can be complex, particularly in civil cases, where the statute begins to toll when the plaintiff knew or should have known of the injury sustained.

While the statutes of limitations in some states are more likely to cover a broad array of offenses, the state of California has broken those offenses down more, with an individual statute of limitations for each offense. Additionally, California has specified a range of exceptions to the statutes of limitations, and, in some cases, provisions related to when the statute tolls, allowing the state extra time when specific circumstances exist.

As an example, when cases involve minors, or when a rape case involves DNA evidence, the statutes may be extended. If you have more questions about California statute of limitation, contact Citywide Law Group.

California Statutes of Limitations for Civil Offenses

Aside from the exceptions listed above, the statutes of limitations for California offenses include:

  • Personal Injury—Statute of limitations is two years from the date the injury occurred under California Civil Procedure, Section 335.1.
  • False imprisonment—Statute of limitations is one year under California Civil Procedure, Section 340(c).
  • Libel or slander—Statute of limitations is one year under California Civil Procedure, Section 340(c).
  • Fraud—Statute of limitations is three years under California Civil Procedure, Section 338(d).
  • Damage to personal property—Statute of limitations is two years under California Civil Procedure, Section 338. .
  • Trespass—Statute of limitations is three years under California Civil Procedure, Section 338(b).
  • Legal malpractice—Statute of limitations is one year from discovery, with a maximum of 4 years from the wrong under California Civil Procedure, Section 340.6,
  • Medical malpractice—Statute of limitations is one year from discovery, or three years if the injury is known, under California Civil Procedure, Section 340.5.
  • Collection of rents—Statute of limitations is four years under California Civil Procedure, Section 337.2.
  • Written contracts—Statute of limitations is four years under California Civil Procedure, Section 337.
  • Oral contracts—Statute of limitations is two years under California Civil Procedure, Section 339.
  • Collection of debt on account—Statute of limitations is four years under California Civil Procedure, Section 337.
  • Judgements—Statute of limitations is ten years under California Civil Procedure, Section 337.5.
  • Personal property left—(when personal property is left in an apartment, boarding house, lodging house, hotel, motel, nursing home, sanitarium or hospital). Statute of limitations is 90 days from the date you left the premises under California Code of Civil Procedure, Section 341(a)
  • Claims against banks—(when a check signed without authorization was paid, or a signature was forged) Statute of limitations is one year from the date the bank paid the funds under California Code of Civil Procedure, Section 340.
  • Claims against governmental agencies—(known as an administrative claim, and must be filed prior to filing a court claim) Statute of limitations is six months from the date of the injury or death as outlined in the Government Code, Section 911.2.

The statutes of limitations were put into place as an interest of justice to both the defendant and the plaintiff. When too much time has passed, evidence can disappear and witnesses may move away, die, or may not remember the facts related to the case. Further, hanging an unfinished legal matter over a defendant’s head indefinitely is simply not fair. The statutes seek to create a distinct “end” to any legal conflict so all the parties involved can move ahead with their lives.

The California statutes of limitations can be complex, therefore it is always a good idea to have an experienced Los Angeles injury attorney by your side from the time a criminal or civil offense occurs.

Citywide Law Group
12424 Wilshire Blvd Suite 705
Los Angeles, CA 90025
https://www.citywidelaw.com