Statute of Limitations In California

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There are time limitations concerning when suits can be filed. Once the statute of limitations on the case expires, the claim is no longer valid. There are different limitations on each dispute. Personal injury carries two years from time of injury or one year from date of discovery. Breach of contract carries four years from date of breach for a written contract and two years for an oral contract. Property damage carries three years from date of occurrence. Patent defects allow four years to sue for apparent problems and ten years for latent defects. Claims against government agencies must be filed within six months. Murder and certain other crimes have no statute of limitations.

Special circumstances may pertain that allow for a wider window of time. If the defendant is a minor, out of state, in prison, or mentally incompetent, "tolling", when time toward expiration stops for a time because of a reason such as age, imprisonment, mental state, or being out of California, then again continues.

The California Code of Civil Procedure, sections 312-366, describes the laws and the time periods for starting lawsuits. The time period may be between months and years, and is sometimes complicated, and professional help is needed. The information from the State of California warns that there may be other laws or exceptions that apply to the facts of a particular case that may change the time limitations. It is important to know the statutes of limitations for a suit and to review the laws pertaining to that particular case.