Civil Law Time Limits – Cheat Sheet

Manner of service: “Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” [CCP 1005(c)].
CCP 1013: “…The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.”

• Motions for Summary Judgment – Notice is 75 days before hearing (+10 if outside CA, +20 if outside US) [CCP 437c(a)]. Opposition is 14 days before the hearing [CCP 437c(b)(2)]. Reply is 5 days before hearing. [CCP 437c(b)(3)]. Motion must be heard 30 days before trial date. [CCP 437c(a)] Note: This 30 day time limit can be modified by the court for “good cause.” [CCP 437c(a)]
• Note: Practically, this means a MSJ must be filed 105 days before trial.

STATUTE OF LIMITATIONS

• Personal Injury – 2 years. [CCP 335.1].
• Medical Malpractice – 3 years from the date of injury, or 1 year after the plaintiff discovers the injury, whichever occurs first. [CCP 340.5] Note: You must give 90 days notice of intent to sue. [CCP 364]. Note: Statute may be tolled by (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. [CCP 340.5]
• Lawsuits Against Public Entities (Like Cities or Counties) – Must file a claim within 6 months. Then you have 6 months from date of the rejection letter to file a lawsuit. [Cal. Gov Code 910, 910.2, 911.2, 911.4]
  • Late Claims Against Public Entities – If a claim is not presented within 6 months, a written application to present a late claim may be filed. However, the application must be presented within a reasonable time, not to exceed 1 year from date of the accrual of the cause of action, and must state the reason for delay in presenting the claim. [Cal. Gov Code 910, 910.2, 911.2, 911.4]
  • If Public Entity Does Nothing for 45 Days – The claim is deemed rejected, and the 6 month time limit to file a lawsuit starts to run on the 45th day. [Cal. Gov Code 911.6]

  

  This page is not legal advice, and there is no guarantee that this information is up to date. If you need legal advice, you should contact a lawyer.

  This page was created by and (c) Noah Schwinghamer, a Sacramento Injury Lawyer. If you would like to copy this information, please request permission. Please feel free to link to this page.