No waiver shall bar a defense to any action that the action was not commenced within the time limited by this title unless the waiver is in writing and signed by the person obligated. No waiver executed prior to the expiration of the time limited for the commencement of the action by this title shall be effective for a period exceeding four years from the date of expiration of the time limited for commencement of the action by this title and no waiver executed after the expiration of such time shall be effective for a period exceeding four years from the date thereof, but any such waiver may be renewed for a further period of not exceeding four years from the expiration of the immediately preceding waiver. Such waivers may be made successively. The provisions of this section shall not be applicable to any acknowledgment, promise or any form of waiver which is in writing and signed by the person obligated and given to any county to secure repayment of indigent aid or the repayment of moneys fraudulently or illegally obtained from the county.
§ 360.5.Waiver to Defense that Action Not Commenced Within Time
Title 2. Of the Time of Commencing Civil Actions · Chapter 4. General Provisions as to the Time of Commencing Actions · Last amended 1953 · Last verified July 28, 2026
In one sentenceSection 360.5 lets a defendant waive the statute-of-limitations defense in writing, but caps each waiver at four years and allows successive four-year renewals, with an exception for county indigent-aid repayment agreements.
Full Text of § 360.5
Plain-English Summary
Section 360.5 lets a person give up the defense that an action was not commenced in time, but only through a written waiver signed by the person obligated — an oral waiver does not count. Each such waiver is capped at four years, whether it was signed before the limitations period expired (measured from that expiration date) or signed after expiration (measured from the date of the waiver itself).
A waiver about to expire can be renewed, but each renewal is itself capped at four years from the expiration of the immediately preceding waiver, and waivers may be made successively without an outer limit on how many times this can repeat.
The section exempts written acknowledgments, promises, or waivers signed by a person obligated to a county to secure repayment of indigent aid, or money fraudulently or illegally obtained from the county — those are not subject to the four-year cap this section otherwise imposes.
Frequently Asked Questions
Can someone waive the statute of limitations defense in California?
Yes, but only in a written waiver signed by the person obligated. Section 360.5 does not recognize an oral waiver of this defense.
Is there a limit on how long a statute-of-limitations waiver can last?
Yes. Section 360.5 caps each waiver at four years, measured from the expiration of the original limitations period or from the date of the waiver if signed after expiration.
Can a waiver be renewed after four years?
Yes. Section 360.5 allows successive renewals, each capped at four years from the expiration of the immediately preceding waiver.
Does the four-year cap apply to county indigent-aid repayment agreements?
No. Section 360.5 exempts waivers signed by a person obligated to a county to secure repayment of indigent aid or of money fraudulently or illegally obtained from the county.
Amendment History
Amended by Stats. 1953, Ch. 655.
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: waiving statute of limitations defense californiafour year waiver limitations period