How long do I have to sue for breach of contract or property damage in California?

Every civil claim in California has a filing deadline, called a statute of limitations, and missing it can end a case before it starts. Code of Civil Procedure section 312 says civil actions can only be started within the periods the code sets after the cause of action accrues, and section 350 says an action is started when the complaint is filed. This page collects the deadlines for the contract and property disputes our civil litigation team handles most often, explains when each clock starts, and covers the few rules that can pause or extend it.

How do you work out a filing deadline, step by step?

1. Name each claim. One dispute can involve several claims with different deadlines, such as breach of a written contract, fraud in getting you to sign it, and damage to your property. Each one runs on its own clock.
2. Find the period for each claim. The table below lists the main periods in the Code of Civil Procedure. If nothing else fits, section 343 sets a four-year catch-all.
3. Find the start date. A limitation period begins when the claim accrues. The Judicial Council's jury instructions (CACI No. 338) note that a contract claim does not accrue until the contract has been breached, which may be long after it was signed.
4. Read the contract. The same instruction notes that California courts have generally allowed contracting parties to shorten or extend the usual period, so a clause in your agreement may set a different deadline.
5. Check for anything that pauses or extends the clock. A signed written acknowledgment, a written waiver, a minor or incapacitated claimant, or a defendant who left the state can change the math (sections 351, 352, 360 and 360.5).
6. Check who you are suing. A claim against a city, county or other public entity usually requires a written government claim first, on a much shorter schedule (Government Code section 911.2).
7. File the complaint in time. In Los Angeles County, new civil cases are filed in the Los Angeles Superior Court with the court's Statement of Location form (LASC CIV 109). For a breach of contract case, that form lists permissive filing in the Central District and the place where performance was required or the defendant resides as grounds for choosing a courthouse. Our page on filing a civil case at the Stanley Mosk Courthouse explains the downtown process.

What are the main deadlines?

These periods come from the current text of each statute on the California Legislative Information site. They are the general rules; the factors in the next section can change them.

Personal injury runs on a different clock. If the same event that damaged your car or home also hurt you, the injury claim generally has two years under section 335.1, while the property part keeps its three years under section 338. Our personal injury page covers the injury side.

What changes the answer?

The table gives the starting point. These are the facts that most often move a deadline earlier or later.

Whether the promise is in writing

Section 337(a) covers an obligation "founded upon an instrument in writing," and section 339(1) covers one "not founded upon an instrument of writing." The difference is two years. A deal made by handshake, phone or a series of informal messages may land on the two-year side, which is one reason we explain when a verbal business agreement is enforceable in California on a separate page.

When the claim accrued, and whether you could have known

The jury instructions describe accrual as the point when all the elements of a claim are present. CACI No. 338 also notes that courts may apply a discovery rule to contract breaches committed in secret, where the harm could not reasonably be found until later. Do not rely on that rule without advice: it is an exception, and the person relying on it usually has to prove it.

Fraud and mistake

Section 338(d) gives three years, but the claim is not treated as accrued until the injured party discovers the facts constituting the fraud or mistake. Under CACI No. 1925, once the defendant shows the harm happened more than three years before filing, the plaintiff must prove that before then they did not discover, and with reasonable diligence could not have discovered, those facts. Keep a record of when and how you first learned the truth.

A clause in the contract

Many business contracts include a deadline clause. CACI No. 338 notes that California courts have generally permitted parties to shorten or extend the statutory period, and Commercial Code section 2725 lets a sales contract shorten the four-year period to as little as one year but not extend it. Read the dispute section of your agreement before counting from the statute. Our article on protecting your business with strong contracts covers why these clauses matter when you draft.

A written acknowledgment, a payment or a waiver

Section 360 says no acknowledgment or promise extends the deadline on a contract unless it is in a writing signed by the party to be charged. For a promissory note, each payment on principal or interest restarts the clock, but a payment does not revive a claim that has already expired. Separately, section 360.5 allows a written, signed waiver of the limitations defense; a waiver signed before the deadline lasts no more than four years past it, and waivers can be renewed. For debts on written contracts and accounts, section 337(d) adds that once the period has run, no one may sue or start an arbitration to collect, and the period can be extended only under section 360.

Who the parties are and where they are

If the person entitled to sue was a minor or lacked the legal capacity to make decisions when the claim accrued, section 352 says that time does not count, though this does not apply to claims that must first be presented to a public entity. Section 351 says time a defendant spends out of California is not counted, but how that rule applies today can be contested, so treat it as a question for a lawyer rather than extra time. If the defendant is the City of Glendale, Los Angeles County or another public entity, the six-month or one-year claim deadline in Government Code section 911.2 comes first; our page on claims against Glendale or Los Angeles County walks through that process.

Something the other side said or did

CACI No. 456 describes when a defendant may be barred from relying on the deadline: the defendant said or did something that caused the plaintiff to believe a lawsuit was unnecessary, the plaintiff reasonably relied on it and delayed, and the plaintiff filed promptly once the need became clear. Bad faith is not required, but the plaintiff must prove each element, so it is a fallback, not a plan.

A worked example

For example, imagine a hypothetical Glendale bakery owner. In late 2023, a catering company's delivery van backs into the bakery's patio and destroys the awning, and on November 20, 2023, the company's manager says the company will pay for it. Separately, in early 2024 the bakery lends the same company $15,000 on a handshake, to be repaid by January 15, 2025. Nothing is ever paid.

As an illustration of the counting only: the awning claim is injury to property, so section 338 gives three years, which points to late 2026, only weeks away as of this writing. The loan was never put in writing, so section 339 gives two years from the missed due date, pointing to January 2027. If the loan had been documented in a signed promissory note, section 337 would allow four years. A later text from the manager promising to "take care of both" does not automatically help: section 360 requires a writing signed by the party to be charged, and whether a particular message meets that test is a question to ask a lawyer, not something to assume.

What the owner should take from this is not a prediction about who would win. It is that the earliest deadline drives the schedule, and that filing a complaint, not sending another demand, is what section 350 counts.

Common mistakes with filing deadlines

• Assuming negotiation stops the clock. Talks, demand letters and promises to pay do not pause the deadline. Only steps the statutes recognize, such as a signed written waiver under section 360.5, can do that.
• Counting from the wrong date. A contract claim generally starts with the breach, not the signing, and a fraud claim with discovery. Using the wrong start date can make you file too early or, worse, too late.
• Treating every agreement as written. If the key promise was never put in a signed document, plan around the two-year rule in section 339.
• Missing the government claim. A claim against a city or county usually needs a written claim within six months or one year under Government Code section 911.2, long before the lawsuit deadline.
• Ignoring the contract's own deadline. A shortened limitation clause or a required dispute process can bring the real deadline much closer.
• Waiting for the last day. Filing problems, a missing form or a wrong courthouse can cost days you no longer have.

What to do this week

1. Write down the date of the breach, the damage or the discovery for each claim, with the document or message that proves it.
2. Gather the contract, any amendments, invoices, payment records and every written message from the other side.
3. Read the contract for a deadline clause, an arbitration clause and an attorney fee clause; our page on recovering attorney fees in a contract case explains why the last one matters.
4. If the other side is a public entity, calendar the six-month and one-year claim deadlines today.
5. Decide on the forum. For smaller amounts, compare small claims court and hiring a lawyer in Los Angeles County; section 312 applies to civil actions without exception, so the same deadlines matter there.
6. Talk to a lawyer before the earliest deadline, not after it.

Frequently asked questions

Does sending a demand letter stop the statute of limitations?

No. Under section 350, an action is commenced when the complaint is filed. A demand letter can start settlement talks, but only a signed written waiver under section 360.5 or a signed written acknowledgment under section 360 can extend the time to sue on a contract.

When does the clock start on a breach of contract claim?

Generally when the contract is breached, not when it is signed. CACI No. 338 notes that courts may apply a discovery rule to breaches committed in secret, but that is an exception the plaintiff usually has to prove.

Can a debt collector sue me on a written contract after four years?

Section 337(d) says that once the four-year period has run, a person may not sue or start an arbitration to collect the debt, and the period can be extended only under section 360. If you are sued anyway, the deadline to respond still applies; see how long you have to respond to a lawsuit in California.

What is the deadline if a tenant damaged my rental property?

Injury to real property has three years under section 338(b). If the claim is for rent and other damages after a tenant breached a written lease and left, section 337.2 sets four years. Disputes over the deposit itself follow Civil Code section 1950.5, covered in our guide to California security deposit rules. If the tenant is still in the unit, removing them is a separate process; see how fast an eviction case moves in Los Angeles County.

Is the deadline different if the other company is suspended or out of business?

The statute of limitations does not change because the other side has problems, but your ability to collect may. If a company involved in your dispute has lost its standing with the state, see what happens when a California LLC or corporation is suspended.

What if I was under 18 when the claim arose?

Section 352 says the time of the disability does not count against a person who was a minor, or lacked legal capacity to make decisions, when the claim accrued. That pause does not apply to claims that must first be presented to a public entity under the Government Claims Act.

Does winning on time mean I will recover my costs?

Filing on time only keeps the claim alive. Whether costs and fees shift depends on other rules, including settlement offers under section 998, which we explain in what happens if you turn down a 998 offer.

How can Glendale Law help?

We help individuals and businesses in Glendale and across Los Angeles County work out which deadlines apply, file before they run, and defend against claims brought too late. If a deadline may be close, call (818) 244-9000 or request a consultation, and bring the contract and the key dates.