Personal injury, assault or battery: 2 years
24 months after date of injury (or of the assault/battery), under Cal. Code Civ. Proc. 335.1.
Rule text
335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Calculate this deadline
- Trigger (Date of injury (or of the assault/battery)): Friday, November 6, 2026.
- Add 24 months: Monday, November 6, 2028.
Cal. Code Civ. Proc. 335.1
335.1. Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.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
- 2 years = 24 months. Specific statutes control where they apply: medical malpractice (CCP 340.5, already in CA-PRESUIT), toxic exposure (340.8), asbestos (340.2), birth injury (340.4), sexual assault (340.1, 340.16), domestic violence (340.15), claims against public entities (Gov. Code 911.2/945.6, in CA-GOV). Federal 42 U.S.C. 1983 claims in California borrow this 2-year period (federal case law; accrual is a federal question); not separately modeled. 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).
- 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 of injury (or of the assault/battery) on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.
- Trigger (Date of injury (or of the assault/battery)): Monday, March 15, 2027.
- Add 24 months: Thursday, March 15, 2029.
Notes
2 years = 24 months. Specific statutes control where they apply: medical malpractice (CCP 340.5, already in CA-PRESUIT), toxic exposure (340.8), asbestos (340.2), birth injury (340.4), sexual assault (340.1, 340.16), domestic violence (340.15), claims against public entities (Gov. Code 911.2/945.6, in CA-GOV). Federal 42 U.S.C. 1983 claims in California borrow this 2-year period (federal case law; accrual is a federal question); not separately modeled. 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).
Related deadlines
- 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)
- Sexual assault (age 18 or older): 3 years from discovery of resulting injury (whichever is LATER) (36 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.