TITLE 2. OF THE TIME OF COMMENCING CIVIL ACTIONS [312. - 366.3.]
Title 2 enacted 1872.
§§ 312–366.3 · 96 sections
CHAPTER 1. The Time of Commencing Actions in General §§ 312–313 · 2 sections
- § 312 Civil actions, without exception, can only be commenced within the periods prescribed in this title, after the cause of action shall have accrued, unless…
- § 313 The general procedure for the presentation of claims as a prerequisite to commencement of actions for money or damages against the State of California,…
CHAPTER 2. The Time of Commencing Actions for the Recovery of Real Property §§ 315–330 · 18 sections
- § 315 The people of this State will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of…
- § 316 No action can be brought for or in respect to real property by any person claiming under letters patent or grants from this State, unless the same might have…
- § [317.] Section Three Hundred and Seventeen. When letters patent or grants of real property issued or made by the people of this State, are declared void by the…
- § 318 No action for the recovery of real property, or for the recovery of the possession thereof, can be maintained, unless it appear that the plaintiff, his…
- § 319 No cause of action, or defense to an action, arising out of the title to real property, or to rents or profits out of the same, can be effectual, unless it…
- § 320 No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within…
- § 321 In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the property is presumed to have been…
- § 322 When it appears that the occupant, or those under whom he claims, entered into the possession of the property under claim of title, exclusive of other right,…
- § 323 For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment or decree, land is deemed…
- § 324 Where it appears that there has been an actual continued occupation of land, under a claim of title, exclusive of any other right, but not founded upon a…
- § 325 (a) For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is…
- § 326 When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the…
- § 327 The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of…
- § 328 If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make an entry or defense…
- § 328.5 If a person entitled to commence an action for the recovery of real property, or for the recovery of the possession thereof, or to make any entry or defense…
- § 329 The time within which an action for the foreclosure of a lien securing an assessment against real property for street improvements, the proceedings for which…
- § 329.5 The validity of an assessment or supplemental assessment against real property for public improvements, the proceedings for which are prescribed by the…
- § 330 In all cases in which there is now vested or there shall hereafter be vested in a treasurer, street superintendent, or other public official the power to sell…
CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property §§ 335–349.4 · 46 sections
- § 335 The periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:
- § 335.1 Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
- § 336 Within five years: (a) An action for mesne profits of real property. (b) An action for violation of a restriction, as defined in Section 784 of the Civil Code.…
- § 336a Within six years: (a) An action upon any bonds, notes, or debentures issued by any corporation or pursuant to permit of the Commissioner of Financial…
- § 337 Within four years: (a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a;…
- § 337a (a) The term “book account” means a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor…
- § 337.1 (a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design,…
- § 337.15 (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design,…
- § 337.2 Where a lease of real property is in writing, no action shall be brought under Section 1951.2 of the Civil Code more than four years after the breach of the…
- § 337.5 Within 10 years: (a) An action upon any general obligation bonds or coupons, not secured in whole or in part by a lien on real property, issued by any county,…
- § 337.6 Notwithstanding the provisions of Section 337.5 of this code actions may be brought on bonds or coupons as set forth in subsection 2 of said section, against…
- § 338 Within three years: (a) An action upon a liability created by statute, other than a penalty or forfeiture. (b) An action for trespass upon or injury to real…
- § 338.1 An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270),…
- § 338.2 (a) A California resident, or an heir, trustee, assignee, or representative of the estate of a California resident, may bring an action for damages, other…
- § 339 Within two years: 1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the…
- § 339.5 Where a lease of real property is not in writing, no action shall be brought under Section 1951.2 of the Civil Code more than two years after the breach of the…
- § 340 Within one year: (a) An action upon a statute for a penalty or forfeiture, if the action is given to an individual, or to an individual and the state, except…
- § 340.1 (a) There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault: (1)…
- § 340.11 (a) (1) Notwithstanding Section 340.1, in an action for recovery of damages suffered as a result of childhood sexual assault that occurred before January 1,…
- § 340.15 (a) In any civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of the…
- § 340.16 (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday,…
- § 340.2 (a) In any civil action for injury or illness based upon exposure to asbestos, the time for the commencement of the action shall be the later of the following:…
- § 340.3 (a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant’s commission of a felony…
- § 340.35 (a) This section shall apply if both of the following conditions are met: (1) A complaint, information, or indictment was filed in a criminal case initiated…
- § 340.4 An action by or on behalf of a minor for personal injuries sustained before or in the course of his or her birth must be commenced within six years after the…
- § 340.5 In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of…
- § 340.6 (a) An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be…
- § 340.7 (a) Notwithstanding Section 335.1, a civil action brought by, or on behalf of, a Dalkon Shield victim against the Dalkon Shield Claimants’ Trust, shall be…
- § 340.8 (a) In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be…
- § 340.9 (a) Notwithstanding any other provision of law or contract, any insurance claim for damages arising out of the Northridge earthquake of 1994 which is barred as…
- § 340.10 (a) For purposes of this section, “terrorist victim” means any individual who died or was injured as a consequence of the terrorist-related aircraft crashes of…
- § 341 Within six months: An action against an officer, or officer de facto: 1. To recover any goods, wares, merchandise, or other property, seized by any such…
- § 341.5 Notwithstanding any other provision of law, any action or proceeding in which a county, city, city and county, school district, special district, or any other…
- § 341a All civil actions for the recovery or conversion of personal property, wearing apparel, trunks, valises or baggage alleged to have been left at a hotel,…
- § 342 An action against a public entity upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section…
- § 343 An action for relief not hereinbefore provided for must be commenced within four years after the cause of action shall have accrued.
- § 344 In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause…
- § 345 The limitations prescribed in this chapter apply to actions brought in the name of the state or county or for the benefit of the state or county, in the same…
- § 346 An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him,…
- § 347 If there is more than one such mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain such an action under…
- § 348 To actions brought to recover money or other property deposited with any bank, banker, trust company, building and loan association, or savings and loan…
- § 348.5 An action upon any bonds or coupons issued by the State of California shall have no limitation.
- § 349.05 Within one hundred eighty days: (a) An action to enjoin, abate, or for damages on account of, an underground trespass, use or occupancy, by means of a well…
- § 349.1 The validity of any acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change of…
- § 349.2 Where any acts or proceedings are taken under color of law by or on behalf of any city, county, city and county, special district, public corporation or other…
- § 349.4 All acts and proceedings heretofore or hereafter taken under color of law for the formation, organization or incorporation of, or for any change in the…
CHAPTER 4. General Provisions as to the Time of Commencing Actions §§ 350–363 · 25 sections
- § 350 An action is commenced, within the meaning of this Title, when the complaint is filed.
- § 351 If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to…
- § 352 (a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the…
- § 352.1 (a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335), is, at the time the cause of action accrued, imprisoned on a…
- § 352.5 If, after a cause of action accrues against a person, that person comes under an order for restitution as a condition of probation with respect to the specific…
- § 353.1 If a person entitled to bring an action or other proceeding, which action or other proceeding has not been filed or otherwise instituted, is represented by an…
- § 354 When a person is, by reason of the existence of a state of war, under a disability to commence an action, the time of the continuance of such disability is not…
- § 354.3 (a) The following definitions govern the construction of this section: (1) “Entity” means any museum or gallery that displays, exhibits, or sells any article…
- § 354.4 (a) The following definitions govern the construction of this section: (1) “Armenian Genocide victim” means any person of Armenian or other ancestry living in…
- § 354.45 (a) For purposes of this section, the following terms have the following meanings: (1) “Armenian Genocide victim” means any person of Armenian or other…
- § 354.5 (a) The following definitions govern the construction of this section: (1) “Holocaust victim” means any person who was persecuted during the period of 1929 to…
- § 354.6 (a) As used in this section: (1) “Second World War slave labor victim” means any person taken from a concentration camp or ghetto or diverted from…
- § 354.7 (a) The following definitions govern the construction of this section: (1) “Bracero” means any person who participated in the labor importation program known…
- § 354.8 (a) Notwithstanding any other law, including, but not limited to Section 335.1, the following actions shall be commenced within 10 years: (1) An action for…
- § 355 If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the merits, a new…
- § 356 When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part…
- § 357 No person can avail himself of a disability, unless it existed when his right of action accrued.
- § 358 When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.
- § 359 This title does not affect actions against directors, shareholders, or members of a corporation, to recover a penalty or forfeiture imposed, or to enforce a…
- § 359.5 If the obligations under a surety bond are conditioned upon performance of the principal, the expiration of the statute of limitations with respect to the…
- § 360 No acknowledgment or promise is sufficient evidence of a new or continuing contract, by which to take the case out of the operation of this title, unless the…
- § 360.5 No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed…
- § 361 When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a…
- § 362 This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a…
- § 363 The word “action” as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature.
CHAPTER 5. The Commencement of Actions Based Upon Professional Negligence §§ 364–365 · 2 sections
- § 364 (a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days’ prior notice…
- § 365 Failure to comply with this chapter shall not invalidate any proceedings of any court of this state, nor shall it affect the jurisdiction of the court to…
CHAPTER 6. Time of Commencement of Action After Person’s Death §§ 366.1–366.3 · 3 sections
- § 366.1 If a person entitled to bring an action dies before the expiration of the applicable limitations period, and the cause of action survives, an action may be…
- § 366.2 (a) If a person against whom an action may be brought on a liability of the person, whether arising in contract, tort, or otherwise, and whether accrued or not…
- § 366.3 (a) If a person has a claim that arises from a promise or agreement with a decedent to distribution from an estate or trust or under another instrument,…