California Breach of Fiduciary Duty Statute of Limitations: Four Years, or Three if Fraud
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A breach of fiduciary duty claim not grounded in fraud is generally analyzed under the four-year catch-all in Code of Civil Procedure section 343, which covers any action for relief not otherwise provided for.
Where the breach rests on fraudulent conduct, the three-year period in section 338(d) generally applies instead — running from discovery of the facts constituting the fraud.
Source: California Code of Civil Procedure sections 343 and 338(d) (as of August 31, 2026).
Characterisation drives the period
There is no limitations statute addressed to breach of fiduciary duty by name. Which period applies turns on the gravamen of the alleged breach, and courts examine the substance of the conduct rather than the label on the cause of action.
A constructive fraud or self-dealing theory typically routes to section 338(d) at three years from discovery. A breach resting on negligence, mismanagement, or failure to act, without fraudulent conduct, is commonly analyzed under section 343's four years from accrual.
| Character of the breach | Period | Runs from |
|---|---|---|
| Not grounded in fraud | 4 years (CCP § 343) | Accrual |
| Grounded in fraud or constructive fraud | 3 years (CCP § 338(d)) | Discovery of the facts constituting the fraud |
When the clock starts
Section 343 contains no statutory discovery rule, so delayed accrual for a non-fraud fiduciary claim must rest on the common-law discovery doctrine, which California applies to fiduciary relationships in defined circumstances — the rationale being that a beneficiary is entitled to repose trust and is not expected to police the fiduciary.
Section 338(d), by contrast, writes discovery accrual into the statute. The practical result is that the shorter three-year period frequently produces the later deadline, because it runs from discovery rather than from the breach.
Key exceptions and tolling
- The shorter period can end later.Section 338(d)'s three years run from discovery, while section 343's four years run from accrual, so the fraud characterisation often yields a later deadline despite the shorter period.
- Attorney fiduciaries.Claims against an attorney arising in the performance of professional services run under section 340.6, which expressly excepts actual fraud.
- Trustees and estates.Probate Code provisions impose their own periods for claims against trustees and personal representatives, and section 366.2 can compress claims against a deceased fiduciary to one year.
- Elder financial abuse overlap.Where the beneficiary is an elder or dependent adult, Welfare and Institutions Code section 15657.7 supplies four years from discovery.
- Repose of trust.The common-law discovery rule is applied more readily in fiduciary relationships, since the beneficiary is generally entitled to rely on the fiduciary rather than investigate them.
Frequently asked
What is the statute of limitations for breach of fiduciary duty in California?
Generally four years under the catch-all in Code of Civil Procedure section 343 where the breach is not grounded in fraud, or three years from discovery under section 338(d) where it is. Characterisation of the conduct drives the period. This is general information, not legal advice.
Is the four-year period always better than the three-year one in California?
No. Section 343's four years run from accrual, while section 338(d)'s three years run from discovery of the facts constituting the fraud. Where the breach was concealed, the shorter fraud period frequently yields the later deadline.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, 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 California Code of Civil Procedure sections 343 and 338(d) and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.