If, after a cause of action accrues against a person, that person comes under an order for restitution as a condition of probation with respect to the specific act or omission giving rise to such person's liability, the time during which the order is in effect is not a part of the time limited for the commencement of such an action based upon that act or omission.
§ 352.5.Person Under Order of Restitution As Condition of Probation With Respect to Act Or Omission Giving Rise to Liability
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 352.5 tolls the limitations period for the specific liability covered by a criminal restitution order, for as long as the defendant remains subject to that order as a condition of probation.
Full Text of § 352.5
Plain-English Summary
When a criminal court orders a defendant to pay restitution as a condition of probation, Section 352.5 keeps the parallel civil limitations period from expiring while that order is in effect. The tolling covers the specific act or omission that produced the restitution order and the resulting liability — it is not a general tolling rule for any claim against the same defendant.
The tolling lasts only as long as the restitution order remains in effect. Once probation ends or the order otherwise stops applying, the limitations period resumes running on whatever time remained.
This provision lets a victim wait to see how a restitution order plays out through the criminal probation process without losing the separate civil remedy for the same underlying conduct.
Frequently Asked Questions
Does a criminal restitution order affect a related civil lawsuit deadline?
Yes. Section 352.5 excludes from the limitations period the time during which the defendant is subject to a restitution order as a condition of probation for the same act or omission.
Does § 352.5 toll claims unrelated to the restitution order?
No. The tolling is limited to the liability arising from the specific act or omission that produced the restitution order, not to unrelated claims against the same person.
When does the tolling under § 352.5 end?
It ends when the restitution order is no longer in effect; the limitations period then resumes running for whatever time was left before the order began.
Amendment History
Added by Stats. 1976, Ch. 282.
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: restitution order civil statute of limitations californiaprobation restitution tolling