Tolling of Statutes of Limitation

Statutes of Limitation

A statute of limitations sets a limit of the maximum amount of time after a wrong occurs in which a person harmed by that wrong may file a lawsuit. These limitations periods can be suspended (“tolled”) for certain reasons, including when the person harmed is a minor child or is not mentally capable of understanding that he or she has been harmed.

In California, if a cause of action accrues when a person is either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not counted as part of the limitations period.

Cal. Civ. Proc. Code § 352

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