It doesn't even matter if the person meant to do what they did or not. In California, the statute of limitations for property damage is three years from the date the damage occurred. One of the principle statutes affecting construction defect claims is the so-called Right to Repair Act passed into law in California in 2002, effective January 1, 2003, and codified in the Code of Civil Procedure, Sections 895 to 945.5, often referred to as SB800 (it’s … Legal Beagle: How to File a Civil Suit for Property Damage, Legal Beagle: California Civil Statute of Limitations Laws: Civil Action, Lawsuits and Their Time Limits, Legal Beagle: California Criminal Statute of Limitations Laws. Depending upon the type of case, the statute of limitations can be from one to 10 years. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. It is the applicable limitations period to ask for a money award to cover injury to either real property or personal property. This is also true if someone was responsible for damaging your home or personal property. And claims against Government Entities are subject to strict statutes of limitations. The California product liability statute of limitations is two years. Re: Statute of Limitation for Property Damage Claim. Berkeley's Boalt Hall. California's Statute of Limitations: Personal Injury, California Tort Claims Act: Provisions & Legal Questions Answered, California's Premises Liability Laws & Sovereign Immunity Laws, California Civil Statute of Limitations Laws: Civil Action, Lawsuits and Their Time Limits, How to File a Civil Suit for Property Damage, Justia: California Code of Civil Procedure 338, California Courts: Statute of Limitations. If you try to file your California property damage lawsuit after the three-year deadline has passed, the defendant will almost certainly make a motion asking the court to dismiss the case, and the court will grant the dismissal, except in rare cases where an exemption from the deadline applies (more on these exceptions in the next section). So, even if you’re pretty sure your case will settle, you still want to leave yourself plenty of time to file a lawsuit if you need to. The SOL varies according to the type of claim; in California, for example, you have two years for a personal injury case and three years for property damage. And, you usually must use an official government form to file that claim. Statutes of limitations in claims against the government in California You might need to file a lawsuit against a government entity, which includes any local or state agency. "an action for taking, detaining, or injuring goods or chattels" ("chattels" is just an old-school legal term for almost any kind of property that isn’t considered real property, including vehicles, furniture, jewelry, and most anything else). This means if you do not file a lawsuit within two years to recover compensation for your injuries, you still have additional time to file a lawsuit to obtain compensation for property damage. California has tolled the statute of limitations for all civil causes of action from April 6, 2020, to 90 days after the Governor lifts the state of emergency related to the COVID-19 pandemic. Spengler splits her time between the French Basque Country and Northern California. Whether the lawsuit is for a theft, a vehicle accident, trespass or fraud, for all property damage claims in California, it's three years max. You must figure which statute of limitations apply to your case. But if that's the case, look out. The attorney listings on this site are paid attorney advertising. When the statute of limitations begins, the clock starts ticking from the time of the injury or when the plaintiff should have reasonably known of the injury or property damage. Updated December 13, 2020. Damage to Personal Property is 3 years from the incident per CCP 338(c); and; Damage to Real Property is 3 years from the incident per CCP 338(b). Proc. Is There a Statute of Limitations on Car Damage in California? These include: Other exceptions too numerous (and complex) to list here may also apply to extend the California statute of limitations time limit. “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.” CCP section 335.1. Is not your friend Procedure 335.1, products liability claims generally must be filed within two years the causes action! 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