Code of Civil Procedure § 338

The three-year limitations period for liabilities created by statute

At a glance

A three-year clock governs an action upon a liability created by statute — relevant to certain statutory employment claims.

Citation
Cal. Code Civ. Proc. § 338
Period
3 years (subd. (a))
Applies to
Liabilities created by statute
Excludes
Penalties and forfeitures

Read the official text at California Legislative Information →

JDBy Jonathan J. DelshadFounder & Editor-in-Chief

Overview

Code of Civil Procedure section 338 supplies a three-year statute of limitations for several categories of claims, including — in subdivision (a) — an action upon a liability created by statute, other than a penalty or forfeiture. In employment litigation it can govern certain statutory causes of action that are not assigned a more specific limitations period.

Whether a particular claim falls under section 338 turns on the nature of the right asserted, so the provision must be applied claim by claim rather than as a default for all statutory wrongs.

The three-year period

Subdivision (a)

An action upon a liability created by statute, other than a penalty or forfeiture, must be commenced within three years. The “liability created by statute” language reaches rights that exist only because a statute creates them, as distinct from common-law claims or statutory penalties.

Application

Section 338 can apply to statutory employment claims that lack their own limitations provision, but many employment statutes specify their own periods, and penalties are expressly excluded. Identify the precise statutory right at issue and confirm whether section 338, a more specific period, or a penalty limitations rule applies. (See Code Civ. Proc. § 335.1 for personal-injury and Tameny claims.)

Practice notes

Do not assume section 338 governs every statutory claim. Check whether the specific statute supplies its own limitations period, whether the claim seeks a penalty (excluded from subdivision (a)), and whether a different provision controls.

Related statutes

Practitioner analysis, current as of June 2026 — not the statute itself. Statutes are amended and decisional law evolves; confirm the operative language and current authority at the official source before relying.