California Legal Malpractice Statute of Limitations: CCP § 340.6
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
An action against an attorney for a wrongful act or omission arising in the performance of professional services, other than actual fraud, must be commenced within one year after the plaintiff discovers, or through reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.
Source: California Code of Civil Procedure section 340.6 (as of August 31, 2026).
What the statute says
Section 340.6 sets two limits that run in parallel, and the claim is barred when the first expires. Unlike the medical malpractice structure in section 340.5, section 340.6 contains a set of tolling provisions that suspend the running of both periods, which in practice makes the four-year outer limit far less absolute than the three-year limb of section 340.5.
The statute excepts claims for actual fraud, which are governed by the three-year fraud period in Code of Civil Procedure section 338(d) instead.
| Limit | Period | Trigger |
|---|---|---|
| Discovery | 1 year | When the plaintiff discovered or should have discovered the facts constituting the wrongful act or omission |
| Outer limit | 4 years | The date of the wrongful act or omission |
When the clock starts
The one-year period runs from discovery of the facts constituting the wrongful act — not from the client's appreciation of their legal significance. The four-year period runs from the act itself. Both are then subject to the statutory tolling below, which is where most of the litigation in this area occurs.
A separate rule applies where the claim requires proof of factual innocence: the action must be commenced within two years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case.
Key exceptions and tolling
- No actual injury yet.The statute is tolled while the plaintiff has not yet sustained actual injury. A claim does not run merely because the attorney erred; there must be damage.
- Continuous representation.Tolled while the attorney continues to represent the plaintiff regarding the specific subject matter in which the wrongful act or omission occurred. This is the most frequently invoked tolling ground.
- Willful concealment.Where the attorney willfully conceals the facts constituting the wrongful act or omission, the four-year limit is tolled — but, by the statute's terms, this ground tolls only the four-year period, not the one-year period.
- Disability.Tolled while the plaintiff is under a legal or physical disability that restricts the ability to commence a legal action.
- Pending fee arbitration.Tolled while a dispute between the attorney and client over fees, costs, or both is pending in arbitration under Article 13 of the Business and Professions Code.
Frequently asked
What is the statute of limitations for legal malpractice in California?
One year from discovery of the facts constituting the wrongful act or omission, or four years from the act itself, whichever occurs first, under Code of Civil Procedure section 340.6. Both periods are subject to statutory tolling for lack of actual injury, continuous representation, disability, and pending fee arbitration. General information, not legal advice.
Does the clock stop while my lawyer is still representing me in California?
Section 340.6 tolls the limitations period while the attorney continues to represent the client regarding the specific subject matter in which the alleged wrongful act or omission occurred. When representation ends for that matter is fact-specific and frequently litigated.
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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 340.6 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.