Many people are unaware that there is a time limit to file a case! California has various laws proscribing the time limit to file the case depending on the area of law. This time limit is called the Statute of Limitiations (hereinafter "SOL").
Injury to a person - SOL 2 years from the date of Injury
The defendant hurts you with or without intending to hurt you. For example, personal injury accidents, wrongful death, assault, battery, intentional or negligent infliction of emotional distress, wrongful act, or negligent act, etc. California Code of Civil Procedure section 335.1.
Medical Malpractice - SOL 1 or 3 years
The Statute of limitations for Medical Malpractice is tricky upon just looking at the statute. It is 1 year from the date plaintiff knows or should have known about the injury, or 3 years from the date of the injury whichever is the earlier date. California Code of Civil Procedure section 340.5. It is advised to file the claim prior to the 1 year Statute of Limitations to avoid the the Statute of Limitations defense.
Note: If you are going to sue a health-care provider you MUST give them 90 days' notice before filing. California Code of Civil Procedure section 364.
Damage to property - SOL 3 years from the date the property was damaged
The defendant damages or destroys your property either with or without intending to damage it. For example, taking your personal property (conversion), crashing your vehicle, going onto your property without permission (trespass), fraud, nuisance, etc. California Code of Civil Procedure section 338. Also for breach of sale of goods, see California Commercial Code section 2725.
Defamation including Libel or slander - SOL 1 year from the date of discovery of Defamation
The defendant defames you in print, writing, pictures, or verbally. The defamation California Code of Civil Procedure section 340(c).
California applies the single publication rule pursuant to California Civil Code 3425.1-3425.5. A California Court of Appeals recognized the single publication rule in the context of publications on the Internet. Traditional Cat Ass'n, Inc. v. Gilbreath, 13 Cal.Rptr.3d 353, 358 (Cal. Ct. App. 2004).
Contracts - SOL for Oral Contract is 2 years and Written Contract is 4 years
The defendant breaches a contract in whole or in part. This could be contracts such as a landlord-tenant contract, contract for repayment of a debt, a business or partnership dispute, a contract to perform services like ca, etc. Most oral contracts will have some sort of writing, e.g., a receipt, a canceled check, etc. This writing may be proof that you had an oral contract.
Contracts in writing. California Code of Civil Procedure section 337.
Oral Contract. California Code of Civil Procedure section 339.
Known (apparent) problems (called "patent defects") to Property - SOL 4 years
In real property improvement design, survey, construction, etc., and resulting injury to property or person. California Code of Civil Procedure section 337.1. These usually are lawsuits against architects, contractors, or builders.
Unknown (not apparent) problems (called "latent" defects) to Property - SOL 10 years
In real property improvement design, survey, construction which cause damage to real estate or personal property. California Code of Civil Procedure, Section 337.15. These usually are lawsuits against architects, contractors or builders.
Personal property left at a hotel, hospital, rest home, sanitarium, boarding house, lodging house, or apartment, etc. California Code of Civil Procedure Section 341a.
SOL 90 days after departing from premises
Against a bank. If a bank paid on a check that was signed without authorization or where the signature was forged. California Code of Civil Procedure, Section 340.
SOL 1 year from the date the bank paid out the funds.
Government claims
When you sue a government agency, you first have to file an "administrative claim" with the government office or agency before you file in court. Some government entities have a claim form for you to use, and for others you will have to draft your own letter explaining the government
Generally for personal injury or personal property damage, you must file your administrative claim within 6 months of the date of the injury. Review California Government Code section 905 and section 911.2
For breach of contract and real property damage cases: You must file your administrative claim within 1 year of the date the contract was broken or the real property damage occurred.
After you file your claim, the government has 45 days to respond. If the government agency denies your claim during the 45 days, you have 6 months to file a lawsuit in court from date the denial was mailed or personally delivered to you. If you do not get a rejection letter, you have 2 years to file from the day the incident occurred.
GETTING AROUND THE STATUTE OF LIMITATIONS
There are certain technicalities that may allow for getting around the Statute of Limitations outlined in the Discovery Rule. These technicalities "toll" the statute of limitations and pause the clock during this period. Some of the common tolling reasons include a Plaintiff that is underage, a plaintiff that did not discover the injury for some time, the injury occurred during the Covid-19 pandemic. Contact the Law Office of Albert Hughes III if you have a claim, even if you may think that the Statute of Limitations has passed for your case.
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