Statutes of limitations
Deadline references for California and Texas civil claims, each citing the governing code section. Written for licensed attorneys as general information — not legal advice.
Statutory citations current as of August 31, 2026.
Personal injury
Two years from accrual under CCP § 335.1, plus the discovery rule and tolling.
Medical malpractice (MICRA)
Three years from injury or one from discovery, whichever first, under CCP § 340.5, plus the § 364 notice.
Claims against public entities
Six-month claim presentation under Gov. Code § 911.2, then § 945.6 for suit; late-claim relief under § 911.4.
Wrongful death
Two years from the date of death under CCP § 335.1; standing under § 377.60.
Product liability
Two years for personal injury under CCP § 335.1; three years for property damage under § 338.
Premises liability
Two years under CCP § 335.1 — but six months if the property owner is a public entity.
Legal malpractice
One year from discovery or four years from the act, whichever first, under CCP § 340.6.
Breach of written contract
Four years under CCP § 337; oral contracts get two under § 339.
Breach of oral contract
Two years under CCP § 339 — half the four-year written-contract period in § 337.
Fraud and mistake
Three years under CCP § 338(d), running from discovery of the facts — a discovery rule in the statute itself.
Defamation (libel and slander)
One year under CCP § 340(c) — the shortest common tort period in California.
Property damage and trespass
Three years under CCP § 338(b) for real property and § 338(c) for goods and chattels.
Conversion
Three years under CCP § 338(c); stolen fine art gets a separate six-year discovery rule.
Unfair competition (UCL)
Four years under Business and Professions Code § 17208, regardless of the predicate claim's own period.
Childhood sexual assault
No time limit under CCP § 340.1 for assaults on or after January 1, 2024; earlier conduct follows prior rules.
Dog bite
Strict liability under Civ. Code § 3342, but the deadline comes from CCP § 335.1 — two years.
Construction defect
Ten-year repose for latent defects under CCP § 337.15; four years for patent defects under § 337.1.
Adult sexual assault
Ten years from the last act, or three from discovery — whichever is later, under CCP § 340.16.
Elder financial abuse
Four years from discovery under Welf. & Inst. Code § 15657.7 — a discovery rule in the statute itself.
Employment discrimination (FEHA)
Three years to file with the CRD under Gov. Code § 12960, then one year to sue under § 12965.
Claims against a decedent
One year from the date of death under CCP § 366.2 — it overrides any longer period that would otherwise apply.
Recovery of real property
Five years of seizin or possession required under CCP § 318 — the backbone of adverse possession.
Catch-all residual period
Four years under CCP § 343 for any action not otherwise provided for.
Wrongful termination (public policy)
Two years under CCP § 335.1, with no exhaustion requirement — unlike the FEHA track.
Insurance bad faith
Bad faith is a tort at two years under CCP § 335.1; the policy breach is four years under § 337.
Breach of fiduciary duty
Four years under the CCP § 343 catch-all; three from discovery under § 338(d) if the breach is fraudulent.
Personal injury (Texas)
Two years from accrual under Tex. CPRC § 16.003 — which also covers conversion and trespass.
Wrongful death (Texas)
Two years, accruing on the date of death — stated expressly in Tex. CPRC § 16.003(b).
Medical malpractice (Texas)
Two years from breach, tort, or end of treatment — plus an absolute ten-year repose.
Product liability (Texas)
Two years under § 16.003, but a 15-year repose from date of sale under § 16.012.
Sexual abuse (Texas)
Thirty years for child sexual abuse and certain trafficking; five years for other offences.
Fraud (Texas)
Four years under Tex. CPRC § 16.004 — which also covers debt and breach of fiduciary duty.
Defamation (Texas)
One year under Tex. CPRC § 16.002 — which also covers malicious prosecution.
Breach of contract (Texas)
Four years, whether written or oral — no written/oral split like California's.
Residual period (Texas)
Four years for any action with no express period, except recovery of real property.
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Not legal advice. These pages are general information for licensed attorneys and are not a substitute for independent legal research or professional judgment. Statutes, case law, and court rules change; accrual, the discovery rule, tolling, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of the cited statute and controlling case law. Using these pages does not create an attorney-client relationship.