(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 either under the age of majority or lacking the legal capacity to make decisions, the time of the disability is not part of the time limited for the commencement of the action.
§ 352.Person Entitled to Bring Action Under Age of Majority Or Lacking Legal Capacity At Time Action Accrued
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Last amended 2015 · Last verified July 28, 2026
In one sentenceSection 352 tolls the limitations period for a plaintiff who was a minor or lacked the legal capacity to make decisions when the claim accrued, though the tolling does not apply to most claims against public entities or employees.
Full Text of § 352
(b) This section shall 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.
Plain-English Summary
Section 352 recognizes that a person under the age of majority or lacking the legal capacity to make decisions cannot reasonably be expected to bring a lawsuit alone. When either condition exists at the moment a claim accrues, the time of that disability is excluded from the limitations period — the clock does not run while the disability lasts.
The tolling turns on the plaintiff's condition at the moment the cause of action accrued. A disability that arises later, after the claim has already accrued, does not qualify under this section (see § 357, which limits disability tolling to conditions that existed when the right of action accrued).
Subdivision (b) carves out claims against a public entity or public employee where a claim must first be presented under the Government Code's claims-presentation statutes. For those claims, this tolling generally does not apply, though the carve-out does not reach claims a plaintiff had already presented to a public entity before January 1, 1971.
Because this tolling can suspend a limitations period for years — until a minor turns 18 or an incapacity ends — it is one of the most consequential provisions in this chapter for personal injury and other claims involving children or persons who cannot manage their own affairs.
Frequently Asked Questions
Does the statute of limitations run while a plaintiff is a minor?
Under § 352, the time during which a person entitled to sue is under the age of majority is excluded from the limitations period, so the clock does not run against a minor's claim during that time.
What counts as lacking legal capacity for purposes of § 352?
Section 352 applies when the person entitled to bring the action lacked the legal capacity to make decisions at the time the cause of action accrued, in addition to covering minors.
Does § 352's tolling apply to claims against a city or county?
Generally not. Subdivision (b) excludes most claims against a public entity or public employee that require presenting a claim under the Government Code, unless the claim was presented before January 1, 1971.
What if someone becomes incapacitated after their claim already accrued?
Section 352 requires the disability to exist at the time the cause of action accrued; a disability arising afterward does not toll the period under this section, consistent with the general rule in § 357.
Is there a cap on how long minority or incapacity can toll a claim?
Section 352 states no outer time limit of its own — the disability removes that period from the limitations calculation for as long as it lasts, unless another statute governing a specific type of claim provides otherwise.
Amendment History
Amended by Stats 2014 ch 144 (AB 1847),s 4, eff. 1/1/2015.
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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