If an action is commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed on appeal other than on the merits, a new action may be commenced within one year after the reversal.
§ 355.Commencement of New Action After Plaintiff's Judgment Reversed On Appeal
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Last amended 1993 · Last verified July 28, 2026
In one sentenceSection 355 lets a plaintiff whose earlier judgment was reversed on appeal on grounds other than the merits commence a new action within one year of the reversal, even if the original limitations period has since expired.
Full Text of § 355
Plain-English Summary
Section 355 protects a plaintiff who wins at trial, sees that win reversed on appeal for a reason unrelated to the merits, and would otherwise be left without a remedy because the original limitations period ran out during the litigation. In that situation, the plaintiff may commence a new action within one year after the reversal.
The key condition is that the reversal must be on grounds other than the merits — a procedural or technical defect, for instance, rather than a ruling that the plaintiff's claim itself fails. A reversal that resolves the merits against the plaintiff does not trigger this one-year window.
This provision keeps a technical defect from permanently foreclosing a claim that a court has not rejected on its substance, so long as the plaintiff acts within a year of the reversal.
Frequently Asked Questions
If my judgment is reversed on appeal, can I file a new lawsuit?
Yes, if the reversal was on grounds other than the merits. Section 355 gives you one year from the reversal to commence a new action, even if the original limitations period has since expired.
Does § 355 apply if the appellate court rules against me on the merits?
No. The one-year window under § 355 applies only when the earlier judgment was reversed on grounds other than the merits.
Amendment History
Amended by Stats. 1992, Ch. 178, Sec. 7. Effective January 1, 1993.
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: new action after reversal on appeal californiaone year to refile after reversal