Trade secret misappropriation (CUTSA): 3 years from discovery
36 months after date the misappropriation was or reasonably should have been discovered, under Cal. Civ. Code 3426.6.
Rule text
Civ. Code 3426.6: "An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim."
Calculate this deadline
Deadline
Tuesday, November 6, 2029
- Trigger (Date the misappropriation was or reasonably should have been discovered): Friday, November 6, 2026.
- Add 36 months: Tuesday, November 6, 2029.
Rules applied
Cal. Civ. Code 3426.6
Civ. Code 3426.6: "An action for misappropriation must be brought within three years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim."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
- Continuing misappropriation is a single claim (runs from first discovery).
- 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 misappropriation was or reasonably should have been discovered on Monday, March 15, 2027, personal service: due Friday, March 15, 2030.
- Trigger (Date the misappropriation was or reasonably should have been discovered): Monday, March 15, 2027.
- Add 36 months: Friday, March 15, 2030.
Notes
Continuing misappropriation is a single claim (runs from first discovery).
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.