April 23, 2014
Statute of Limitations

The laws governing the statute of limitations are complex and extensive. When in doubt, consider filing your case and letting the judge decide whether it's too late or not.

The following is general information only:.

  • If a case involves personal injury, the statute of limitations is up to two years from the date of the injury, or if the injury was not immediately discovered, two years from the date it was discovered.
  • If a case involved an oral contract, the statute of limitations is up to two years from the date the contract was breached.
  • If a case involves a written contract, the statute of limitations is up to four years from the date the contract was breached.
  • If a case involves damage to personal or real property, the statute of limitations is up to three years from the date the damage occurred.
  • If a case involves fraud, the statute of limitations is up to three years from the date the fraud was discovered.
  • If you are suing a governmental or a public agency, you must file a claim with the governmental body within 180 days from the date the incident occurred, before filing a claim in small claims court. You must sue within 6 months after your claim is rejected by the public entity.
© 2014 Superior Court of San Mateo County