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.
§ 339.Contract, Obligation Not Founded On Written Instrument; Against Sheriff Or Coroner For Doing Official Act; Rescission of Contract Not In Writing
Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 1997 · Last verified July 28, 2026
In one sentenceSection 339 gives a two-year deadline for actions on a contract, obligation, or liability not founded on a written instrument, for suits against a sheriff or coroner for official acts, and for rescission of an oral contract.
Full Text of § 339
Plain-English Summary
Section 339 is the oral-contract counterpart to § 337’s written-contract period, and it cuts the time in half: two years instead of four. It reaches any contract, obligation, or liability that isn’t founded on a written instrument, with an exception for goods sales under Commercial Code § 2725 and for the written-instrument claims already covered by § 337(b).
A special carve-out covers claims founded on a certificate, abstract, or guaranty of title to real property, or on a title insurance policy: those don’t accrue until the aggrieved party discovers the loss or damage the instrument was supposed to protect against, even though the underlying document is written.
The section also covers actions against a sheriff or coroner for a liability incurred while acting in an official capacity — including failing to turn over money collected while enforcing a judgment — and rescission of a contract that was never in writing, on the same discovery-triggered clock § 337(c) uses for written rescission: the two years runs from the rescinding facts, except that fraud or mistake pushes the start date to when the aggrieved party discovers those facts.
Frequently Asked Questions
What is the statute of limitations for an oral contract in California?
Two years under § 339, half the four years § 337 gives for a written contract.
When does the clock start on a title insurance claim under § 339?
Not until the aggrieved party discovers the loss or damage the title certificate, abstract, guaranty, or policy was meant to protect against — not from the date the instrument was issued.
Amendment History
Amended by Stats. 1996, Ch. 872, Sec. 11. Effective January 1, 1997.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: California statute of limitations oral contracttwo year statute of limitations verbal agreement California