2 year Statute of Limitation for California Personal Injury Claims

Section 335.1 Does Not Apply Retroactively to All Personal Injury Claims

Former section 340, subdivision (3), provided a one-year statute of limitations for personal injury actions. The one-year limitations period expired on January 26, 2002.

In 2002 the Legislature amended section 340, subdivision (3), to delete the one-year limitations period for personal injury actions. At the same time, it added section 335.1, which now provides a two-year statute of limitations for such actions (Stats. 2002, c. 448, §§ 2-3.). The changes were made during the Legislature's 2001-2002 Regular Session and therefore became effective on January 1, 2003. (Gov. Code, §9600, subd. (a) ).

"Generally, statutes operate prospectively only." Indeed, Section 335.1 does not expressly provide that it applies retroactively to claims already time-barred under former section 340, subdivision (3).

On the other hand, the same act that added section 335.1 also added section 340.10, which expressly provides that the two year limitations period shall apply retroactively to "any action brought for injury to, or for the death of, " any victim of the "terrorist-related aircraft crashes of September 11, 2001 . . . ." (Stats. 2002, c. 448, § 4.). In an uncodified portion of the act, the legislature explained why "9/11" terrorist victims were deserving of special treatment: "A prime example of the inequity caused by the one-year statute of limitations is that residents of California who were victims of the terrorist actions of September 11, 2001, must prematurely choose between litigation and federal remedies, while residents of other states have more than twice as long to pursue their remedies. Extending the statute of limitations will reduce litigation in these cases as well, because terrorist victims will have the opportunity to fully evaluate and use other alternatives, rather than being forced to litigate prematurely . . . The special injustice worked against victims of the September 11, 2001, terrorist actions justifies applying the two-year statute of limitations retroactively to those victims." (Stats. 2002, c. 448, § 1, subds. (c), (d).) {Slip Opn. Page 4} fn. 3. Thus, the Legislature expressly singled out only one class of plaintiffs - "9/11" terrorist victims - as entitled to retrocative application of the 2 year statute.

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