(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, imprisoned on a criminal charge, or in execution under the sentence of a criminal court for a term less than for life, the time of that disability is not a part of the time limited for the commencement of the action, not to exceed two years.
§ 352.1.Person Entitled to Bring Action Imprisoned At Time Action Accrued
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 1994 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 352.1 tolls the limitations period, up to a maximum of two years, for a plaintiff who was imprisoned on a criminal charge or serving a term less than life when the claim accrued, with exceptions for public-entity claims and certain conditions-of-confinement actions.
Full Text of § 352.1
(b) This section does 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.
(c) This section does not apply to an action, other than an action to recover damages or that portion of an action that is for the recovery of damages, relating to the conditions of confinement, including an action brought by that person pursuant to Section of Title 42 of the United States Code1983.
Plain-English Summary
Section 352.1 gives an incarcerated plaintiff extra time to sue, but only within a firm limit. If a person entitled to bring an action is imprisoned on a criminal charge, or serving a sentence for a term less than life, at the time the cause of action accrues, the time of that imprisonment is excluded from the limitations period — but never for more than two years.
That two-year cap distinguishes this tolling from the minority and incapacity tolling in § 352, which carries no comparable ceiling in its own text. A plaintiff who remains imprisoned for many years past the two-year mark still must sue within the limitations period as extended by no more than those two years.
Subdivision (b) excludes most claims against a public entity or public employee that require a Government Code claim presentation, mirroring the carve-out in § 352. Subdivision (c) excludes actions about the conditions of confinement, other than the damages portion of such an action, including federal civil rights actions under Section 1983 of Title 42 of the United States Code — those claims do not get the benefit of this tolling.
Frequently Asked Questions
Does time in prison toll the statute of limitations in California?
Yes, up to two years. Section 352.1 excludes the time a plaintiff spends imprisoned on a criminal charge or serving a term less than life, but the exclusion cannot exceed two years even if the imprisonment lasts longer.
Is there a limit on how much time imprisonment can add to a filing deadline?
Yes. Unlike the minority and incapacity tolling in § 352, Section 352.1 caps its own tolling at two years regardless of how long the imprisonment continues.
Does this tolling help an inmate suing about jail or prison conditions?
Not for most of that type of claim. Subdivision (c) excludes actions concerning the conditions of confinement, including Section 1983 civil rights claims, apart from any damages portion of such an action.
Does § 352.1 apply to claims against a government agency?
Generally not. Subdivision (b) excludes claims against a public entity or public employee that require presenting a claim under the Government Code, with a narrow exception for claims presented before January 1, 1971.
Amendment History
Added by Stats. 1994, Ch. 1083, Sec. 5. Effective January 1, 1995.
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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