5 Situations When Statute of Limitations is Tolled in California

Understanding Statutes of Limitations: Key Concepts and Applications

According to Wikipedia, a statute of limitations, also referred to as a prescriptive period in civil law systems, is a legal rule established by legislators that sets a maximum time frame within which legal actions can be initiated after an event occurs [1].

These time limits apply to both criminal and civil cases, including areas like contract and property law, though the specifics can vary widely by jurisdiction and case type.

Once the statute of limitations has expired, any claim filed may be dismissed if the defense successfully argues that the claim is time-barred due to being filed after the legal deadline.

When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes that have statutes of limitations are distinguished from particularly serious crimes because the latter claims may be brought at any time

In civil law systems, statutes of limitations are often part of broader civil and criminal codes, with time limits depending on the specific cause of action.

These laws aim to ensure that legal disputes are resolved within what is considered a “reasonable” time frame, which varies by country and, within the United States, by state or jurisdiction.

Additionally, understanding statutes of limitations involves considering related concepts like statutes of repose, tolling provisions, and possible exclusions, which can influence the applicable time limits.

Tolling of the Statute of Limitations

According to the DOJ, the tolling of the statute of limitations occurs when the legal time limit for filing a claim is temporarily paused and then resumes later. This can happen in situations where the defendant is a minor, out of state, incarcerated, or mentally incapacitated [2].

When the reason for the tolling ends (like if the minor turns 18, or the defendant returns to California or gets out of prison, or the defendant is no longer insane), the statute of limitations begins to run again

Five Scenarios Where the Statute of Limitations May Be Tolled

In certain situations, the statute of limitations may be extended, allowing victims additional time to file their claims beyond the usual deadline. This extension is known as tolling.

Under California law, the statute of limitations can be tolled in cases where the victim is:

• A minor
• Incapacitated
• Legally insane
• Incarcerated
• Located out of the state

Once the condition causing the tolling period ends—such as reaching adulthood, regaining capacity, or being released from prison—the standard statute of limitations resumes. This extension, called equitable tolling, is granted when the victim demonstrates:

• Reasonable and good faith actions
• No prejudice to the defendant
• Timely notification to the defendant

Equitable tolling can apply to various legal matters, including medical malpractice, workers’ compensation, property damage, or emotional distress claims, providing victims more time to pursue their cases in specific circumstances.

California law states that the statute of limitations for most personal injury claims is two years from the date of the injury. The two-year period starts to run when the plaintiff knows — or reasonably should know — of the injury

Impact of Dismissal Without Prejudice on the Statute of Limitations

A dismissal without prejudice typically does not impact the statute of limitations for the crime in question [3]. This type of dismissal neither pauses nor restarts the statutory time frame, effectively treating it as though the initial charges were never filed.

For example, if the statute of limitations for a felony in California is three years, and charges are filed one year after the alleged offense, a dismissal without prejudice means prosecutors still have the remaining two years to refile the charges before the statute of limitations expires.

Related Articles:

• Statute of Limitations for Medical Malpractice in California
• Criminal Law Discovery Rules and Procedures Explained
• What is the Negligence Statute in California?

See all related personal injury lawsuits our attorneys covered so far.

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References:
1. https://en.wikipedia.org/wiki/Statute_of_limitations
2. https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en
3. https://www.egattorneys.com/dismissed-without-prejudice