Code of Civil Procedure § 352

Persons under disabilities

(a) If a person entitled to bring an action, mentioned in Chapter 3 (commencing with Section 335) is, at the time the cause of action accrued either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.

(b) This section shall not apply to an action against a public entity or public employee upon a cause of action for which a claim is required to be presented in accordance with Chapter 1 (commencing with Section 900) or Chapter 2 (commencing with Section 910) of Part 3, or Chapter 3 (commencing with Section 950) of Part 4, of Division 3.6 of Title 1 of the Government Code. This subdivision shall not apply to any claim presented to a public entity prior to January 1, 1971.

History

Enacted 1872. Amended Stats 1959 ch 192 § 1; Stats 1970 ch 104 § 1, operative January 1, 1971; Stats 1975 ch 1241 § 1.5; Stats 1986 ch 1161 § 1; Stats 1994 ch 1083 § 4 (SB 1445); Stats 2014 ch 144 § 4 (AB 1847), effective January 1, 2015.

CCP 352