If, when the cause of action accrues against a person, he is out of the State, the action may be commenced within the term herein limited, after his return to the State, and if, after the cause of action accrues, he departs from the State, the time of his absence is not part of the time limited for the commencement of the action.
§ 351.Accrual of Action Against Person Out of State
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 351 tolls the limitations period while a defendant is absent from California, so a plaintiff gets the full statutory time to sue once the defendant returns or was in the state when the claim arose.
Full Text of § 351
Plain-English Summary
A statute of limitations assumes the plaintiff can find and sue the defendant. Section 351 addresses what happens when that assumption breaks down because the defendant is out of state. If the defendant is already outside California when the claim accrues, the plaintiff's time to sue does not start ticking until the defendant returns.
The rule works the other way too. If the defendant is in California when the claim accrues but later leaves, the time spent absent from the state does not count against the plaintiff's deadline. Only the time the defendant spends within reach of California courts counts toward the limitations period.
The practical effect is that a defendant cannot run out the clock on a claim by leaving the state. Section 351 preserves the plaintiff's full statutory window regardless of the defendant's travel or relocation.
Frequently Asked Questions
Does moving out of California stop the statute of limitations from running against me?
Under § 351, time spent outside California by the person being sued does not count toward the limitations period, whether the absence began before or after the claim accrued.
What if the defendant was already out of state when the claim arose?
Section 351 provides that the action may still be commenced within the full limitations period measured from the defendant's return to California.
Can a defendant defeat a lawsuit by staying out of California?
No. Section 351 excludes the defendant's time outside the state from the limitations calculation, so absence does not shorten the plaintiff's effective time to sue.
Does § 351 apply to all types of civil claims?
Section 351 speaks generally to accrual of actions against a person out of state and sits alongside the other tolling provisions in this chapter, such as §§ 352 and 356.
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
Also known as: tolling statute of limitations defendant out of state californiadefendant left the state statute of limitations