Breach of Contract Statute of Limitations in California

In California, there are two statute of limitations for breach of contract. For oral contracts, the statute of limitations is two years. For written contracts, the statute of limitations is four years.

CCP 339 Oral Contracts Statute of Limitations

Within two years:

  1. An action upon a contract, obligation or liability not founded upon an instrument of writing, except as provided in Section 2725 of the Commercial Code or subdivision 2 of Section 337 of this code; or an action founded upon a contract, obligation or liability, evidenced by a certificate, or abstract or guaranty of title of real property, or by a policy of title insurance; provided, that the cause of action upon a contract, obligation or liability evidenced by a certificate, or abstract or guaranty of title of real property or policy of title insurance shall not be deemed to have accrued until the discovery of the loss or damage suffered by the aggrieved party thereunder.
  2. An action against a sheriff or coroner upon a liability incurred by the doing of an act in an official capacity and in virtue of office, or by the omission of an official duty including the nonpayment of money collected in the enforcement of a judgment.

  3. An action based upon the rescission of a contract not in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time does not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

CCP 337 Written Contracts Statute of Limitations

Within four years:

(a) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

(b) An action to recover (1) upon a book account whether consisting of one or more entries; (2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing; (3) a balance due upon a mutual, open and current account, the items of which are in writing; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

(c) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time shall not begin to run until the representation becomes false.

(d) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360.

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California Rules of Court Ex Parte

Current as of May 18, 2022

California Rules of Court 3.1200 – Ex Parte Application

CRC 3.1200


The rules in this chapter govern ex parte applications and orders in civil cases, unless otherwise provided by a statute or a rule. These rules may be referred to as “the ex parte rules.”



Cal. R. Ct. 3.1200

Rule 3.1200 adopted effective 1/1/2007.



California Rules of Court 3.1201 – Required Documents

CRC 3.1201


A request for ex parte relief must be in writing and must include all of the following:

(1) An application containing the case caption and stating the relief requested;
(2) A declaration in support of the application making the factual showing required under rule 3.1202(c);
(3) A declaration based on personal knowledge of the notice given under rule 3.1204;
(4) A memorandum; and
(5) A proposed order.



Cal. R. Ct. 3.1201

Rule 3.1201 adopted effective 1/1/2007.


California Rules of Court 3.1202 – Contents of application

CRC 3.1202


(a) Identification of attorney or party

An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, e-mail address, and telephone number of the party if known to the applicant.

(Subd (a) amended effective January 1, 2016.)

(b) Disclosure of previous applications

If an ex parte application has been refused in whole or in part, any subsequent application of the same character or for the same relief, although made upon an alleged different state of facts, must include a full disclosure of all previous applications and of the court’s actions.

(c) Affirmative factual showing required

An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.



Cal. R. Ct. 3.1202

Rule 3.1202 amended effective 1/1/2016; adopted effective 1/1/2007; previously amended effective 1/1/2007.

California Rules of Court 3.1203 – Time of ex parte notice to other parties

CRC 3.1203


(a)
Time of notice

A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice.

(Subd (a) amended effective January 1, 2008.)

(b) Time of notice in unlawful detainer proceedings

A party seeking an ex parte order in an unlawful detainer proceeding may provide shorter notice than required under (a) provided that the notice given is reasonable.



Cal. R. Ct. 3.1203

Rule 3.1203 amended effective 1/1/2008; adopted effective 1/1/2007.



California Rules of Court 3.1204 – Contents of notice and declaration regarding notice

CRC 3.1204


(a) Contents of notice

When notice of an ex parte application is given, the person giving notice must:

(1) State with specificity the nature of the relief to be requested and the date, time, and place for the presentation of the application; and
(2) Attempt to determine whether the opposing party will appear to oppose the application.

(b) Declaration regarding notice

An ex parte application must be accompanied by a declaration regarding notice stating:

(1) The notice given, including the date, time, manner, and name of the party informed, the relief sought, any response, and whether opposition is expected and that, within the applicable time under rule 3.1203, the applicant informed the opposing party where and when the application would be made;
(2) That the applicant in good faith attempted to inform the opposing party but was unable to do so, specifying the efforts made to inform the opposing party; or
(3) That, for reasons specified, the applicant should not be required to inform the opposing party.

(c) Explanation for shorter notice

If notice was provided later than 10:00 a.m. the court day before the ex parte appearance, the declaration regarding notice must explain:

(1) The exceptional circumstances that justify the shorter notice; or
(2) In unlawful detainer proceedings, why the notice given is reasonable.



Cal. R. Ct. 3.1204

Rule 3.1204 adopted effective 1/1/2007.


California Rules of Court 3.1205 – Filing and presentation of the ex parte application

CRC 3.1205


Notwithstanding the failure of an applicant to comply with the requirements of rule 3.1203, the clerk must not reject an ex parte application for filing and must promptly present the application to the appropriate judicial officer for consideration.


Cal. R. Ct. 3.1205

Rule 3.1205 adopted effective 1/1/2007.


California Rules of Court 3.1206 – Service of papers

CRC 3.1206


Parties appearing at the ex parte hearing must serve the ex parte application or any written opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional circumstances, no hearing may be conducted unless such service has been made.



Cal. R. Ct. 3.1206

Rule 3.1206 adopted effective 1/1/2007.


California Rules of Court 3.1207 – Appearance requirements

CRC 3.1207


An applicant for an ex parte order must appear, either in person or by telephone under rule 3.672, except in the following cases:

(1) Applications to file a memorandum in excess of the applicable page limit;
(2) Applications for extensions of time to serve pleadings;
(3) Setting of hearing dates on alternative writs and orders to show cause; and
(4) Stipulations by the parties for an order.


Cal. R. Ct. 3.1207

Rule 3.1207 amended effective 1/21/2022; adopted effective 1/1/2007; previously amended effective 1/1/2008; amended effective 1/1/2014.
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