Breach of Contract Statute of Limitations in California
Last verified 2026-07 · Source: Cal. Code Civ. Proc. § 337 ✓ verified · 3 sources
The deadline
4 years
from Date of breach (when the cause of action accrues), under Cal. Code Civ. Proc. § 337.
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California law sets a hard deadline of 4 years to file a breach of contract lawsuit. The controlling statute is Cal. Code Civ. Proc. § 337, and the clock generally starts on Date of breach (when the cause of action accrues). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
California Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 4 years | Cal. Code Civ. Proc. § 337 |
| Car Accident | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Credit Card Debt | 4 yrs | Cal. Civ. Proc. Code § 337(a) |
| Medical Malpractice | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
| Wrongful Death | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Personal Injury | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Dog Bite | 2 yrs | Cal. Civ. Code § 3342 (strict liability); SOL: Cal. Code Civ. Proc. § 335.1 |
| Slip and Fall | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Defamation | 1 yr | Cal. Code Civ. Proc. § 340(c) |
| Medical Debt | 4 yrs | Cal. Code Civ. Proc. § 337 |
When the Clock Starts
In California, the limitations period for breach of contract claims generally begins on Date of breach (when the cause of action accrues). California does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against state or local government require filing a government claim within 6 months of accrual under Cal. Gov. Code § 911.2 before filing suit.
Written contracts: 4 years (CCP § 337). Oral contracts: 2 years (CCP § 339). Exception in § 337: actions on obligations secured by deeds of trust with power of sale are 3 months after exercise of power of sale. Minor tolling: CCP § 352.
Source: Cal. Code Civ. Proc. § 337, official California statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for California government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How California Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| California | 4 years | Cal. Code Civ. Proc. § 337 |
| Oregon | 6 yrs | ORS 12.080(1) |
| Nevada | 6 yrs | Nev. Rev. Stat. § 11.190(1)(b) |
| Arizona | 6 yrs | Ariz. Rev. Stat. § 12-548 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in California?
You have 4 years from Date of breach (when the cause of action accrues), under Cal. Code Civ. Proc. § 337.
Can I still sue after 4 years in California?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
California generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against state or local government require filing a government claim within 6 months of accrual under Cal. Gov. Code § 911.2 before filing suit.
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Sources
- Official Cal. Code Civ. Proc. § 337 — California Legislative Information
- Corroborating Cal. Code Civ. Proc. § 337 — Justia
- Corroborating Cal. Code Civ. Proc. § 337 — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed California attorney.