Fam. Code 1101 claim for breach of fiduciary duty (independent action): 3 years from actual knowledge
36 months after date the petitioning spouse had actual knowledge that the transaction or event occurred, under Cal. Fam. Code 1101(d)(1)-(2).
Rule text
1101(d): "(1) Except as provided in paragraph (2), any action under subdivision (a) shall be commenced within three years of the date a petitioning spouse had actual knowledge that the transaction or event for which the remedy is being sought occurred. (2) An action may be commenced under this section upon the death of a spouse or in conjunction with an action for legal separation, dissolution of marriage, or nullity without regard to the time limitations set forth in paragraph (1)."
Calculate this deadline
- Trigger (Date the petitioning spouse had actual knowledge that the transaction or event occurred): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Fam. Code 1101(d)(1)-(2)
1101(d): "(1) Except as provided in paragraph (2), any action under subdivision (a) shall be commenced within three years of the date a petitioning spouse had actual knowledge that the transaction or event for which the remedy is being sought occurred. (2) An action may be commenced under this section upon the death of a spouse or in conjunction with an action for legal separation, dissolution of marriage, or nullity without regard to the time limitations set forth in paragraph (1)."Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Applies only to a stand-alone 1101 action. No limitation if raised in a dissolution, legal separation or nullity proceeding or on a spouse's death (1101(d)(2)); laches may still be raised (1101(d)(3)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the petitioning spouse had actual knowledge that the transaction or event occurred on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the petitioning spouse had actual knowledge that the transaction or event occurred): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
Applies only to a stand-alone 1101 action. No limitation if raised in a dissolution, legal separation or nullity proceeding or on a spouse's death (1101(d)(2)); laches may still be raised (1101(d)(3)).
Related deadlines
- Nullity (underage marriage, Fam. Code 2210(a)): petition by the formerly underage spouse within 4 years after reaching age of consent (48 months after)
- Nullity (fraud, Fam. Code 2210(d)): within 4 years after discovery of the fraud (48 months after)
- Nullity (force, Fam. Code 2210(e)): within 4 years after the marriage (48 months after)
- Nullity (physical incapacity, Fam. Code 2210(f)): within 4 years after the marriage (48 months after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.