Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Published · Reviewed
In this guide
Law checked: November 11, 2026 (Code of Civil Procedure section 340.16, as updated January 1, 2026).
This page covers lawsuits after a crime on someone else's property: against the owner, landlord, property manager, business or security company, and against the attacker. Our negligent security page explains when an owner is responsible, the premises liability page covers other injuries on property, and the deadline calculator counts the general dates.
Filing deadlines
Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). Some claims have more time. For a sexual assault that happened when the survivor was 18 or older, the lawsuit period is the later of 10 years from the last act or three years from when the survivor discovered, or reasonably should have discovered, the injury (section 340.16). A child's own injury claim against a private owner generally does not run while the child is under 18 (section 352). The dates in any one case should be calculated by a lawyer.
Deadlines by defendant
Each row below is one kind of defendant in a negligent security case, with its deadline for a violent attack, for an adult sexual assault, and for a person attacked before age 18. More than one row can apply to the same attack, and the deadlines do not all start on the same day. When they differ, the earliest one decides what has to happen first.
| Defendant | Assault, battery or other violent attack | Adult sexual assault | Person attacked was under 18 |
|---|---|---|---|
| Property owner, landlord or property manager | Two years (Code of Civil Procedure section 335.1). No government claim is needed. | The later of 10 years from the last act or three years from discovery (section 340.16(a), (b)(2)). Revival windows run until December 31, 2026 and, for cover up claims, through December 31, 2027, as of November 11, 2026. | The two years generally do not run while the child is under 18 (section 352(a)). A childhood sexual assault follows section 340.1. |
| Hotel, bar, store, parking operator or other business | Two years (Code of Civil Procedure section 335.1). No government claim is needed. | The later of 10 years from the last act or three years from discovery (section 340.16(a), (b)(2)). Revival windows run until December 31, 2026 and, for cover up claims, through December 31, 2027, as of November 11, 2026. | The two years generally do not run while the child is under 18 (section 352(a)). A childhood sexual assault follows section 340.1. |
| Security company or guard contractor | Two years (Code of Civil Procedure section 335.1). The attacker's felony conviction does not add time against the security company. | The later of 10 years from the last act or three years from discovery (section 340.16(a), (b)(2)). Revival windows run until December 31, 2026 and, for cover up claims, through December 31, 2027, as of November 11, 2026. | The two years generally do not run while the child is under 18 (section 352(a)). A childhood sexual assault follows section 340.1. |
| The attacker | Two years (Code of Civil Procedure section 335.1). After a felony conviction, one year after judgment if that ends later (section 340.3(a)), or 10 years after discharge from parole for listed serious felonies (section 340.3(b)). Domestic violence: the later of three years from the last act or three years from discovery (section 340.15). | The later of 10 years from the last act or three years from discovery (section 340.16(a)). Revival windows run until December 31, 2026 and through December 31, 2027 (section 340.16(b)(3), (e)(3)), as of November 11, 2026. | The two years generally do not run while the child is under 18 (section 352(a)). A childhood sexual assault follows section 340.1. |
| Public entity | If a city, a county, the State, a school district, a transit agency or another public entity may be responsible, a written claim must first be presented to that entity within six months after the claim accrues (Government Code section 911.2). The lawsuit against the entity then has its own deadline: six months after a written rejection notice is delivered or mailed, or two years from the date the claim accrued if no written notice is given (Government Code section 945.6). If the six months pass, a late claim application may be made within one year under Government Code section 911.4, and it is not granted automatically. | The same six month claim applies, because Government Code section 905 has no exception for an adult sexual assault. The second revival window expressly excludes a claim against a public entity (section 340.16(e)(7)(C)). | A child's age does not pause the claim deadline against a public entity (Code of Civil Procedure section 352(b)). A childhood sexual assault claim needs no government claim (Government Code section 905(m)). |
The two-year rule
Code of Civil Procedure section 335.1 allows two years for "An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." It names assault and battery, and it also covers a negligence claim against the owner, manager, business or security company whose failure let the attack happen. The two years usually run from the day of the attack. Two years is the general rule, and some claims have longer or shorter periods: an adult sexual assault, a child's own claim, a felony conviction and a claim against a public entity each change the dates.
No statute pauses the two years while a criminal case is pending, so the civil claim does not wait for an arrest, charges or a trial. Our guide for a tenant attacked by another tenant explains what to gather in the meantime.
Adult sexual assault
For an assault that happened when the survivor was 18 or older, Code of Civil Procedure section 340.16(a) sets the later of two periods: "10 years from the date of the last act," or three years from the date the survivor "discovers or reasonably should have discovered" that an injury or illness resulted from it. Section 340.16(b)(2) says the statute does not limit claims "against persons or entities other than the alleged person who committed the crime," which can include an owner, a hotel or a security company. It also says no criminal prosecution or conviction is needed. Our guide to sexual assault on someone else's property explains the claim and the privacy steps.
Revival windows with dates
Code of Civil Procedure section 340.16(b)(3) revived claims based on a sexual assault that happened on or after January 1, 2009, when the survivor was an adult, that had been barred only because the time limit ran out. Under the statute, those revived claims "may be commenced until December 31, 2026." A second window, in section 340.16(e), runs from January 1, 2026 through December 31, 2027. It revives adult sexual assault claims that were barred before January 1, 2026 because the time limit ran out, against an entity that "engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault" by the same perpetrator, and against the perpetrator. The second window does not revive a claim against a public entity (section 340.16(e)(7)(C)), and a claim against a public entity also requires a written government claim, generally within six months (Government Code section 911.2). These dates were checked against the statute on November 11, 2026; whether a particular claim qualifies is a question for a lawyer.
Window dates and status
As of November 11, 2026, the date this page was checked, the window in Code of Civil Procedure section 340.16(b)(3) is open until December 31, 2026. After December 31, 2026, the section 340.16(b)(3) window is closed, and the 10-year and three-year periods in section 340.16(a) still apply. Neither window revives a claim that was litigated to finality or settled in a written agreement before the date the statute names: January 1, 2023 for the first window and January 1, 2026 for the second.
| Window | Claims it revives | Start date in the statute | End date | Status on November 11, 2026 |
|---|---|---|---|---|
| Section 340.16(b)(3) | Adult sexual assault on or after January 1, 2009, barred only because the time limit ran out | Lawsuits commenced on or after January 1, 2019 | December 31, 2026 | Open |
| Section 340.16(e) | Adult sexual assault claims barred before January 1, 2026 because the time limit ran out, against an entity that took part in a cover up and against the perpetrator | January 1, 2026 | December 31, 2027 | Open |
Children and teenagers
Code of Civil Procedure section 352(a) says that when the person who could sue was "under the age of majority" when the claim arose, "the time of the disability is not part of the time limited for the commencement of the action." For a child's own injury claim against a private owner, business or security company, the two years generally do not start until 18. Section 352(b) says this "shall not apply to an action against a public entity or public employee" where a government claim is required, so a child's age does not pause the six month claim. A parent's own claim, such as for a child's medical bills, should be checked separately by a lawyer.
A sexual assault on a child follows Code of Civil Procedure section 340.1, not section 340.16, and our school sexual abuse page explains those rules.
A felony conviction
Code of Civil Procedure section 340.3(a) can add time against an attacker convicted of a felony: "Unless a longer period is prescribed for a specific action," the lawsuit may be filed "within one year after judgment is pronounced." That helps only when it ends later than the usual period. For listed serious felonies, section 340.3(b) allows 10 years from the date the attacker is discharged from parole. Both rules reach only the person convicted, so they add no time against the owner, landlord, manager or security company. Restitution the attacker pays is credited against a recovery under section 340.3, and that recovery is subject to Government Code section 13963, the CalVCB repayment statute (section 340.3(e)).
CalVCB application deadline
An application to the California Victim Compensation Board (CalVCB) is not a lawsuit and has its own deadline. CalVCB says victims must apply "Within seven years of the crime, or Seven years after the direct victim turns 21 years of age, or Seven years from when the crime could have been discovered, whichever is later," and "Some applications filed later than this may be considered." CalVCB can reimburse up to $70,000, does not pay compensation for pain and suffering, and "is a payor of last resort." If a lawsuit is filed, the applicant or the lawyer "must notify CalVCB within 30 days of filing," and CalVCB is repaid from a later recovery for the same expenses. Our guide to the criminal case, CalVCB and your civil claim covers the application.
Dates to write down
A few dates decide most negligent security deadlines: the day of the attack, the day of the last act in a sexual assault, the day an injury was discovered, the date of any criminal judgment, and the day any government claim is presented or rejected. Write down whether a city, a county, a transit agency or another public entity owned or ran the property, because that decides whether the six month claim applies. Our negligent security evidence checklist lists the records that show these dates and who holds them.
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Sources cited
- Code of Civil Procedure section 335.1: california.public.law
- Code of Civil Procedure section 340.16 (updated January 1, 2026): california.public.law
- Code of Civil Procedure section 352: california.public.law
- Code of Civil Procedure section 340.3: california.public.law
- Code of Civil Procedure section 340.15: california.public.law
- Code of Civil Procedure section 340.1: california.public.law
- Government Code section 911.2: california.public.law
- Government Code section 945.6: california.public.law
- Government Code section 911.4: california.public.law
- Government Code section 905: california.public.law
- Government Code section 13963: california.public.law
- California Victim Compensation Board, who is eligible: victims.ca.gov
- California Victim Compensation Board, what is covered: victims.ca.gov
- California Victim Compensation Board, responsibility for repayment: victims.ca.gov