Hurt, wronged, or owed money
THINKING ABOUT SUING
What California law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
2 years
Suing for assault, battery or a wrongful injury
- From
- The cause of action accruing
An action for assault, battery, or injury or death caused by another's wrongful act or neglect is commenced within two years, which run from when the cause of action accrued.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
3 years
Suing over personal property taken, kept or damaged
- From
- The cause of action accruing
An action for taking, keeping or damaging personal property is commenced within three years, which run from when the cause of action accrued.
A written contract
A signed agreement, a lease, a written estimate or invoice.
4 years
Suing on a written contract
- From
- The cause of action accruing
An action on a contract, obligation or liability founded on a written instrument is commenced within four years, which run from when the cause of action accrued.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
2 years
Suing on a contract not founded on a writing
- From
- The cause of action accruing
An action on a contract not founded on a written instrument is commenced within two years, which run from when the cause of action accrued.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the California guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
6 months
Presenting an injury claim to a public entity
- From
- The cause of action accruing
A claim for death or for injury to a person against a public entity is presented not later than six months after the cause of action accrues.
Step 2
6 months
Suing a public entity after its written notice on the claim
- From
- Delivery or mailing of the entity's written notice on the claim
If the entity gives written notice of its action on the claim, a lawsuit is commenced not later than six months after that notice is delivered or mailed.
Step 3
2 years
Suing a public entity that gave no written notice on the claim
- From
- The cause of action accruing
Without the entity's written notice of its action on the claim, the lawsuit is commenced within two years from accrual.
SMALL CLAIMS COURT
The limit in California
Up to $12,500 for a person
Code Civ. Proc. 116.221 — $12,500 for a person, no lawyers, and 30 days to appeal
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed California attorney.