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United States · California Code of Civil Procedure

What is California’s ordinary statutory-liability limitation?

CCP 338(a) states three years for liability created by statute other than a penalty or forfeiture. Identify the statute and any specific limitation.

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Period
3 years for the disclosed component
Trigger
The legally established accrual date of this statutory liability
Rule
CCP 338(a)
CCP 338(a)

Official current section reviewed. (Amended by Stats. 2024, Ch. 257, Sec. 2. (AB 2867) Effective September 16, 2024.)

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Which event starts this CCP 338(a) inquiry?

The legally established accrual date of this statutory liability

Preserve the actual instrument creating the liability. A claim’s mention of a statute does not establish that subsection (a) governs it.

Responsible actor. The claimant commencing an action on the identified statutory liability. Use a legally classified CCP 338(a) liability and established accrual, outside penalties, forfeitures and a separate controlling limitation. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 338(a)

How is this particular California component counted?

  1. Use a legally classified CCP 338(a) liability and established accrual, outside penalties, forfeitures and a separate controlling limitation. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Count 3 calendar years from the legally established event to the corresponding anniversary. Check the final holiday under CCP 12a. The calculator does not establish accrual, classify the claim or resolve tolling.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Commence the identified statutory action within the applicable period after checking the creating statute’s own procedural and limitation provisions.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Use a legally classified CCP 338(a) liability and established accrual, outside penalties, forfeitures and a separate controlling limitation. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. Established accrual or service for the disclosed ordinary component, without tolling or another controlling period.

Example counting steps
StepWhat is countedDate
Established eventThe legally established accrual date of this statutory liabilityOctober 1, 2024
Disclosed component boundary3 years for the disclosed componentOctober 1, 2027
Example resultOctober 1, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Penalty or forfeiture
CCP 338(a) excludes a penalty or forfeiture. CCP 340(a) and (b) separately address identified penalty or forfeiture actions.
Residual provision
CCP 343 applies only where relief is not provided for earlier. It is not a general alternative to an applicable statutory-liability period.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 338(a)
  • Use a legally classified CCP 338(a) liability and established accrual, outside penalties, forfeitures and a separate controlling limitation. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 338(a)

What is California’s ordinary statutory-liability limitation?

Does any claim citing a statute receive three years?

No. Establish that the liability is created by statute and actually within subsection (a).

CCP 338(a)

Can the penalty branch be counted here?

No. Penalties and forfeitures are expressly excluded from CCP 338(a).

CCP 338(a)

Can I choose the residual four-year period if three years ended?

No. CCP 343 requires an action for relief not otherwise provided for.

CCP 343

Official California sources and edition review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
CCP 338(a)The particular actor, event, period and required act
CCP 340(a)-(b)The separately identified counting, filing, holiday or procedural qualification
CCP 343The separately identified counting, filing, holiday or procedural qualification
CCP 338(a)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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