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Negligence / Personal Injury
2 Years2 Years with Discovery Rule (Note: California amended the SOL in 2003 to 2 years [from 1 year] with respect to negligent torts. Injuries occurring before the effective date of the new law may not benefit from the change, however.)
Products Liability
2 Years2 Years with Discovery Rule
Wrongful Death
1 Years1 Year
Exceptions: Death from exposure to asbestos or medical malpractice
Medical Malpractice
3 Years3 Years from date of injury or 1 year from date of discovery, whichever occurs first except for foreign objects where SOL runs from when object is, or should have been, discovered. Infants under 6 have 3 years maximum, or prior to age 8, to commence actions (unless tolled by fraud or collusion of parent or guardian and defendant’s insurer or health care provider in failure to bring action for minor as a result of professional negligence). SOL tolled for fraud or intentional concealment of presence of non-therapeutic, non-diagnostic foreign body in person of plaintiff. This 3 year SOL is an exception to the 1 year wrongful death statute.
Legal Malpractice
1 Years1 Year with discovery rule, or 4 years from wrongful act, whichever occurs first, except in cases of fraud.
Intentional Torts
1 Years1 Year
Fraud
3 Years3 Years for relief on ground of fraud or mistake. Cause of action not deemed to have accrued until discovery of facts by aggrieved party.
Actions Not Provided For
4 Years4 Years after action accrues
Discovery Rule
See specific rules for medical malpractice, legal malpractice. Otherwise SOL runs from when injury is, or should have been discovered.
Disabilities
For infancy, insanity, incompetence, and imprisonment SOL does not run until disability ceases. Infants have 2 years from 18 th birthday. If plaintiff dies, SOL extended by 6 months, if defendant dies, SOL extended by 1 year.
Charitable Immunity
No charitable immunity.
Comparative Negligence
Pure comparative negligence applies.
Municipalities
6 months. Runs from date of notice of claim is served on entity.
Sovereign Immunity
Doctrine of sovereign immunity abolished.
Punitive Damages
Must be proven by clear and convincing evidence of oppression, fraud, or malice.
Note
In cases involving developers, design professionals, contractors, and their insurers the California Court of Appeals has determined that Code of Civil Procedure §337.15 10-year cutoff of suits for latent defects may be extended if the contractor that performed the defective work attempts repairs.
Consumer Fraud Complaint
California Department of Consumer Affairs
http://www.dca.ca.gov/
(916)445-1254
(800)952-5210 (toll-free in California)
Civil Action for Sexual Molestation of a Minor
By any person or entity with duty of care to the plaintiff – 3 years after discovered (or should have been discovered) for injury or illness, or within 8 years of majority, whichever is later – in no event after 26th birthday.
Sex Discrimination Action for Wages
2 years but 3 years if the violation was willful
Sexual Abuse by Doctors, Surgeons, Psychotherapists, Counselors, and other Health Care Professionals
2 Years2 years
Toll
Defendant’s absence from state, except in motor vehicle accident where defendant can be served with summons and complaint outside of the state unless defendant cannot be located through exercise of reasonable diligence. |
