Sexual assault (age 18 or older): 3 years from discovery of resulting injury (whichever is LATER)
36 months after date the plaintiff discovered or reasonably should have discovered that an injury or illness resulted from the sexual assault, under Cal. Code Civ. Proc. 340.16(a)(2).
Rule text
340.16. (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.
Calculate this deadline
- Trigger (Date the plaintiff discovered or reasonably should have discovered that an injury or illness resulted from the sexual assault): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Cal. Code Civ. Proc. 340.16(a)(2)
340.16. (a) In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."Official source
Cal. Code Civ. Proc. 340.16(b)(3)
Such claims are hereby revived and may be commenced until December 31, 2026.Official source
Cal. Code Civ. Proc. 340.16(e)(1)
a cause of action may proceed if already pending in court on January 1, 2026, or, if not filed by that date, may be commenced between January 1, 2026, and December 31, 2027.Official source
- Fixed date: CCP 340.16(e)(1) revival window closes: file by Friday, December 31, 2027 (Cal. Code Civ. Proc. 340.16(e)(1)). Applies to otherwise time-barred adult sexual assault claims involving an entity cover-up, revived by 340.16(e); not claims against public entities. January 1, 2028 is a Saturday. If the courts close Friday, December 31, 2027 for the observed holiday, CCP 12a may extend this to Monday, January 3, 2028; file by December 31, 2027 to be safe. Whether the claim qualifies is a legal judgment.
- Fixed date: CCP 340.16(b)(3) revival window closes: file by Thursday, December 31, 2026 (Cal. Code Civ. Proc. 340.16(b)(3)). Applies to otherwise time-barred adult sexual assault claims based on conduct on or after January 1, 2009, revived by 340.16(b). Whether the claim qualifies is a legal judgment.
- Alternative 2 of 2: the deadline is the LATER of this and adult_sexual_assault_340_16_10yr_last_act. Text as amended by Stats. 2025, ch. 682 (AB 250), eff. Jan. 1, 2026. Revival windows in 340.16(b)(3) (conduct on or after Jan. 1, 2009: may be commenced until December 31, 2026) and 340.16(e) (otherwise-barred claims with cover-up allegations, may be commenced between January 1, 2026, and December 31, 2027; not against public entities) are fixed calendar dates and are listed in not_modeled. Claims against public entities: Government Claims Act may apply. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods). Revival windows: 340.16(b)(3) claims may be commenced until December 31, 2026; 340.16(e)(1) claims between January 1, 2026 and December 31, 2027. Check whether either window applies. [Validation 2026-11, Q0313. Authority: Cal. Code Civ. Proc. 340.16(b)(3); Cal. Code Civ. Proc. 340.16(e)(1)]
- 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 plaintiff discovered or reasonably should have discovered that an injury or illness resulted from the sexual assault on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the plaintiff discovered or reasonably should have discovered that an injury or illness resulted from the sexual assault): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
Alternative 2 of 2: the deadline is the LATER of this and adult_sexual_assault_340_16_10yr_last_act. Text as amended by Stats. 2025, ch. 682 (AB 250), eff. Jan. 1, 2026. Revival windows in 340.16(b)(3) (conduct on or after Jan. 1, 2009: may be commenced until December 31, 2026) and 340.16(e) (otherwise-barred claims with cover-up allegations, may be commenced between January 1, 2026, and December 31, 2027; not against public entities) are fixed calendar dates and are listed in not_modeled. Claims against public entities: Government Claims Act may apply. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods). Revival windows: 340.16(b)(3) claims may be commenced until December 31, 2026; 340.16(e)(1) claims between January 1, 2026 and December 31, 2027. Check whether either window applies. [Validation 2026-11, Q0313. Authority: Cal. Code Civ. Proc. 340.16(b)(3); Cal. Code Civ. Proc. 340.16(e)(1)]
Related deadlines
- Personal injury, assault or battery: 2 years (24 months after)
- Wrongful death: 2 years (24 months after)
- Domestic violence damages: 3 years from last act (whichever is LATER) (36 months after)
- Domestic violence damages: 3 years from discovery of resulting injury (whichever is LATER) (36 months after)
- Sexual assault (age 18 or older): 10 years from last act (whichever is LATER) (120 months after)
- Minor's personal injury before or during birth: 6 years after birth (72 months after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.