California Code of Civil Procedure Section 340.3
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California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 340.3
340.3. (a) Unless a longer period is prescribed for a specific
action, in any action for damages against a defendant based upon the
defendant's commission of a felony offense for which the defendant
has been convicted, the time for commencement of the action shall be
within one year after judgment is pronounced.
(b) (1) Notwithstanding subdivision (a), an action for damages
against a defendant based upon the defendant's commission of a felony
offense for which the defendant has been convicted may be commenced
within 10 years of the date on which the defendant is discharged from
parole if the conviction was for any offense specified in paragraph
(1), except voluntary manslaughter, (2), (3), (4), (5), (6), (7),
(9), (16), (17), (20), (22), (25), (34), or (35) of subdivision (c)
of Section 1192.7 of the Penal Code.
(2) No civil action may be commenced pursuant to paragraph (1) if
any of the following applies:
(A) The defendant has received either a certificate of
rehabilitation as provided in Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of the Penal Code or a pardon as
provided in Chapter 1 (commencing with Section 4800) or Chapter 3
(commencing with Section 4850) of Title 6 of Part 3 of the Penal
(B) Following a conviction for murder or attempted murder, the
defendant has been paroled based in whole or in part upon evidence
presented to the Board of Prison Terms that the defendant committed
the crime because he or she was the victim of intimate partner
(C) The defendant was convicted of murder or attempted murder in
the second degree in a trial at which substantial evidence was
presented that the person committed the crime because he or she was a
victim of intimate partner battering.
(c) If the sentence or judgment is stayed, the time for the
commencement of the action shall be tolled until the stay is lifted.
For purposes of this section, a judgment is not stayed if the
judgment is appealed or the defendant is placed on probation.
(d) (1) Subdivision (b) shall apply to any action commenced
before, on, or after the effective date of this section, including
any action otherwise barred by a limitation of time in effect prior
to the effective date of this section, thereby reviving those causes
of action that had lapsed or expired under the law in effect prior to
the effective date of this section.
(2) Paragraph (1) does not apply to either of the following:
(A) Any claim that has been litigated to finality on the merits in
any court of competent jurisdiction prior to January 1, 2003. For
purposes of this section, termination of a prior action on the basis
of the statute of limitations does not constitute a claim that has
been litigated to finality on the merits.
(B) Any written, compromised settlement agreement that has been
entered into between a plaintiff and a defendant if the plaintiff was
represented by an attorney who was admitted to practice law in this
state at the time of the settlement, and the plaintiff signed the
(e) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13966.01 of the Government Code.
Last modified: February 22, 2013