When a cause of action has arisen in another State, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this State, except in favor of one who has been a citizen of this State, and who has held the cause of action from the time it accrued.
§ 361.Lapse of Time Barring Action Arising In Another State Or Foreign Country
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 361 bars a California action on a claim that arose in another state or country and is already time-barred there, unless the plaintiff has been a California citizen holding that claim since it accrued.
Full Text of § 361
Plain-English Summary
Section 361 is California's borrowing statute. If a claim arose in another state or a foreign country, and the law of that place would already bar an action on it because of the passage of time, California will not let that same claim be maintained here either.
The section carves out one exception: a plaintiff who has been a citizen of California and has held the cause of action since it accrued can still sue here, even though the claim would be time-barred where it arose. Someone who only later becomes a California citizen, or who only later acquires the claim, does not get that protection.
Several other sections in this chapter turn off § 361 for specific categories of claims — historical redress claims for Holocaust-era artwork under § 354.3, and certain claims for conduct amounting to torture, genocide, or crimes against humanity under § 354.8 when the act occurred at least partly in California.
Frequently Asked Questions
If my claim is already time-barred in another state, can I still sue in California?
Generally not. Section 361 bars an action here if the claim is already time-barred where it arose, unless you have been a California citizen holding the claim since it accrued.
Who is exempt from California's borrowing statute?
Section 361 exempts a plaintiff who has been a citizen of California and has held the cause of action since it accrued, even if the claim would be time-barred in the place it arose.
Does § 361 always apply to claims arising outside California?
No. Other sections in this chapter, such as §§ 354.3 and 354.8, expressly turn off § 361 for the specific historical or international-law claims they cover.
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: california borrowing statute limitationsout of state claim already time barred