California Fraud Statute of Limitations: Three Years Under CCP § 338(d)
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
An action for relief on the ground of fraud or mistake must generally be brought within three years.
By the statute's own terms, the cause of action is not deemed to have accrued until the discovery, by the aggrieved party, of the facts constituting the fraud or mistake.
Source: California Code of Civil Procedure section 338(d) (as of August 31, 2026).
What the statute says
Section 338 sets a three-year period for a list of causes of action, and subdivision (d) covers relief on the ground of fraud or mistake. Unlike most limitations provisions, where the discovery rule is a judicial gloss, subdivision (d) writes discovery accrual into the statute itself: the claim does not accrue until the aggrieved party discovers the facts constituting the fraud or mistake.
Other subdivisions of the same three-year section cover liability created by statute (a), trespass or injury to real property (b), taking or injuring goods or chattels (c), and slander of title to real property (g), among others.
When the clock starts
Discovery means discovery of the facts, and California applies an inquiry-notice standard: the period begins when the plaintiff has reason to suspect a factual basis for the claim, not when the plaintiff obtains legal advice confirming it. A plaintiff who was on notice of suspicious circumstances and did not investigate is generally charged with what a reasonable investigation would have revealed.
Because accrual turns on the plaintiff's knowledge rather than on the defendant's conduct, fraud claims frequently survive far longer than three years from the misrepresentation itself — and equally often fail on a showing that the plaintiff was on inquiry notice years before filing.
Key exceptions and tolling
- Attorney fraud.Section 340.6, which governs legal malpractice, expressly excepts claims for actual fraud; those run under section 338(d) instead.
- Concealment and estoppel.A defendant's affirmative concealment can support equitable estoppel independent of the statutory discovery rule.
- Written contract overlap.Where fraud induced a written contract, a rescission claim under section 337 carries four years and, for fraud or mistake grounds, also runs from discovery.
- Stolen fine art.Section 338(c) contains a distinct extended discovery provision for actions to recover stolen fine art, on a six-year basis.
- Public entity defendants.A fraud claim against a public entity remains subject to the Government Code claims-presentation requirement before suit.
Frequently asked
How long do you have to sue for fraud in California?
Three years under Code of Civil Procedure section 338(d), but the claim does not accrue until the aggrieved party discovers the facts constituting the fraud or mistake — so the deadline can fall well after the misrepresentation. This is general information, not legal advice.
When does the fraud clock start running in California?
On discovery of the facts constituting the fraud, judged on an inquiry-notice standard: when the plaintiff had reason to suspect a factual basis for the claim. A plaintiff on notice of suspicious circumstances is generally charged with what reasonable investigation would have revealed.
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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 section 338 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.