An action is commenced, within the meaning of this Title, when the complaint is filed.
§ 350.Action Commenced When Complaint Filed
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 350 fixes the moment a civil action begins in California: the filing of the complaint, not the later steps of issuing or serving a summons.
Full Text of § 350
Plain-English Summary
Section 350 answers a question that matters more than it looks: when does a lawsuit start? California ties commencement to one act — filing the complaint with the court. Nothing else about getting a case underway (drafting a summons, serving the defendant, paying a filing fee) moves that date.
That fixed point matters because so much of the rest of this chapter measures time from it. Whether a statute of limitations has run, whether tolling under § 352 or § 352.1 applies, and whether a notice period under § 364 has been satisfied all depend on knowing exactly when the clock stopped running against the plaintiff. Section 350 supplies that reference point.
Filing the complaint is a low bar procedurally, but it carries real consequences. A plaintiff who files on the last day of a limitations period preserves the claim even if service of the summons takes weeks longer, because the action was already commenced.
Frequently Asked Questions
What starts a civil lawsuit in California?
Filing the complaint with the court starts the action under § 350. Later steps, like issuing and serving a summons, do not affect this commencement date.
Does serving the defendant count as commencing the action?
No. Section 350 ties commencement to the filing of the complaint, not to when the summons is issued or served on the defendant.
Why does the exact commencement date matter?
Statutes of limitations run until the action is commenced. Filing the complaint on time under § 350 stops that clock even if service happens later.
Does § 350 apply to every kind of civil filing?
Section 350 defines commencement for actions governed by this title. Section 363 extends the same idea to special proceedings of a civil nature.
Amendment History
Enacted 1872.
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
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