This Title does not extend to actions already commenced, nor to cases where the time prescribed in any existing statute for acquiring a right or barring a remedy has fully run, but the laws now in force are applicable to such actions and cases, and are repealed subject to the provisions of this section.
§ 362.Inapplicability of Title to Actions Already Commenced Or Time Prescribed In Statute Has Run
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 362 provides that this title does not apply retroactively to actions already commenced or to claims already time-barred under prior law, leaving those governed by the law in force before this title took effect.
Full Text of § 362
Plain-English Summary
Section 362 is a transition rule. It keeps this title from reaching back and disturbing actions that were already commenced, or claims where the time to sue or the time to acquire a right had already fully run under the law that existed before this title took effect.
For those already-commenced actions and already-expired claims, the prior law continues to apply, and that prior law is treated as repealed only to the extent this section allows. In effect, § 362 draws a line at the title's effective date rather than letting the new limitations scheme reopen settled matters.
Frequently Asked Questions
Does this title reopen claims that were already time-barred under the old law?
No. Section 362 states that this title does not extend to cases where the time to acquire a right or bar a remedy had already fully run under prior law.
What law governs an action that was already commenced when this title took effect?
Section 362 leaves such already-commenced actions and already-expired claims to the law in force before this title, rather than applying this title to them.
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: savings clause statute of limitations californiaretroactivity of limitations title