In pleading the Statute of Limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of Section ____ (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of The Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred.
§ 458.Statute of Limitations
Title 6. Of the Pleadings In Civil Actions · Chapter 7. General Rules of Pleading · Enacted 1872 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 458 lets a party plead the statute of limitations as a bar to a cause of action generally, by citing the specific Code of Civil Procedure section relied on, and requires proof of the underlying facts only if the allegation is disputed.
Full Text of § 458
Plain-English Summary
Invoking the statute of limitations does not require spelling out every fact showing when a claim accrued and why the limitations clock has run. Section 458 lets the pleading state generally that the cause of action is barred, citing the specific statute-of-limitations section (and subdivision, if the section is divided) being relied on.
As with the other shortcuts in this chapter, the general allegation only holds up unchallenged. If the other side controverts it, the party pleading the bar must then prove at trial the facts showing the cause of action is time-barred under that section.
Frequently Asked Questions
Can I plead the statute of limitations without detailing the facts that trigger it?
Yes. Section 458 lets you state generally that the cause of action is barred under a specific Code of Civil Procedure section, without pleading the underlying facts.
What has to happen for that general limitations allegation to hold up?
If the adverse party disputes it, § 458 requires the pleading party to prove at trial the facts establishing that the cause of action is barred by the cited section.
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: pleading statute of limitations californiageneral allegation limitations defense