Liability & LegalQuestion 103 of 200

What is the statute of limitations for a civil false-imprisonment claim against a security guard in California?

a.30 days from the incident, the same window that applies to a government tort claim
b.6 months from the incident, matching the claim period for public entities
c.10 years, the catchall period California applies to civil wrongs the code does not name
d.1 year from the date the cause of action accrued, under CCP §340(c)

Explanation

CCP §340(c) sets a ONE-year statute of limitations for false imprisonment, along with libel and slander. The clock generally runs from the date the cause of action accrues — typically the date of the wrongful act — and tolling rules apply for minors, mental incapacity, and a defendant absent from the state. Do not extend the one-year rule to every intentional tort: ASSAULT AND BATTERY are TWO years under CCP §335.1, as are ordinary personal-injury negligence claims and Bane Act claims. Because a single incident often produces both a one-year and a two-year claim, guards should preserve incident reports, video, and notes for at least two years.

Law Reference: Cal. Code of Civil Procedure §340(c); §335.1

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