When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.
§ 358.Two Or More Disabilities Coexisting
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 358 provides that when two or more disabilities exist together at the time a right of action accrues, the limitations period does not begin until all of those disabilities have ended.
Full Text of § 358
Plain-English Summary
Section 358 addresses a plaintiff who faces more than one disability at once — for example, someone who is both a minor and lacking legal capacity when a claim accrues. The limitations period does not attach, meaning it does not start running, until every one of those coexisting disabilities has been removed.
This prevents a partial or premature start to the limitations clock when a plaintiff remains unable to act because a second disability persists after the first one ends.
Frequently Asked Questions
What happens if a plaintiff has more than one disability at the same time?
Under § 358, when two or more disabilities coexist at the time the right of action accrues, the limitations period does not begin until all of them are removed.
Does the clock start once the first of two disabilities ends?
No. Section 358 requires that all coexisting disabilities be removed before the limitations period attaches, not just the first one to end.
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: multiple disabilities tolling californiacoexisting disabilities statute of limitations