When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.
§ 356.Commencement Stayed By Injunction Or Statutory Prohibition
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 356 excludes from the limitations period any span of time during which a court injunction or a statutory prohibition stays the commencement of an action, preserving the plaintiff's full time to sue.
Full Text of § 356
Plain-English Summary
Section 356 covers a situation where a plaintiff is legally barred from filing suit for a period of time — because a court has enjoined the filing, or a statute otherwise prohibits it. That period does not count against the plaintiff's limitations deadline.
This tolling rule follows the same logic as the disability provisions elsewhere in this chapter: a plaintiff should not lose a claim to the passage of time during a period when filing suit was not legally available.
Frequently Asked Questions
Does an injunction against filing suit pause the statute of limitations?
Yes. Section 356 excludes the time during which commencement of an action is stayed by injunction or statutory prohibition from the limitations period.
What kinds of prohibitions trigger tolling under § 356?
The section covers both a court-ordered injunction and a statutory prohibition that stays the commencement of the action, either of which suspends the running of the limitations period while it remains in effect.
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 for injunction california statute of limitationsstatutory prohibition on filing suit