California Code of Civil Procedure § 340.1

Under California Code of Civil Procedure § 340.1, there is no time limit to file a civil lawsuit for childhood sexual assault — against the perpetrator, and against an institution (school, church, youth organization, or other entity) whose negligent or intentional act was a legal cause of the abuse. A survivor who proves the assault resulted from a cover-up may recover up to treble (triple) damages. Plaintiffs age 40 or older must file a certificate of merit.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text — CCP § 340.1

The excerpt above quotes the operative subdivisions. Read the full, current section — including the certificate-of-merit procedure — at the official source: California Code of Civil Procedure § 340.1 (leginfo).

CCP § 340.1 in Plain English

• No filing deadline. There is no statute of limitations for a childhood sexual assault civil claim — a survivor can sue no matter how long ago the abuse occurred.
• Institutions are covered. You can sue not only the abuser but any person or entity whose negligence (or intentional act) was a legal cause of the abuse.
• Treble damages for cover-ups. Proving a concerted effort to hide evidence of the abuse can triple the damages awarded against that defendant.
• Certificate of merit at 40+. Plaintiffs 40 or older must file attorney and mental-health-practitioner certificates of merit under subdivisions (e)–(f).
• Ordinary civil burden of proof. The claim is proved by a preponderance of the evidence (Evidence Code § 115) — not the criminal “beyond a reasonable doubt” standard.

Key Terms Defined

Childhood sexual assault

An act committed against the plaintiff before age 18 that would have been proscribed by the Penal Code sections listed in subdivision (c) (e.g., §§ 288, 289).

Cover-up

Defined in subdivision (b)(2) as “a concerted effort to hide evidence relating to childhood sexual assault.” Proving one unlocks up to treble damages.

Statute of limitations

The legal deadline to file a lawsuit. For childhood sexual assault, § 340.1(a) sets no limit.

Certificate of merit

Sworn certificates (from the plaintiff’s attorney and a licensed mental-health practitioner) that a reasonable basis for the claim exists — required when the plaintiff is 40 or older.

Purpose & Legislative History

California expanded § 340.1 through the Child Victims Act (AB 218, 2019) and later amendments to remove the filing deadline for childhood sexual assault and to authorize treble damages against defendants who cover up abuse. The Legislature’s aim was to let survivors — who often disclose decades later — hold both abusers and the institutions that enabled them accountable, and to deter organizational cover-ups.

Real-World Example

A 46-year-old survivor was abused at age 12 by a coach at a youth sports club. Because § 340.1(a) imposes no time limit, the survivor can still file a civil claim — both against the coach and against the club for negligent supervision and retention. If discovery shows club officials hid complaints to protect the coach, subdivision (b) allows up to treble damages for that cover-up. Because the survivor is over 40, their attorney and a licensed mental-health practitioner file certificates of merit under subdivisions (e)–(f).

CCP § 340.1 at a Glance

Related California Statutes

• CCP § 340.16 — statute of limitations for adult sexual assault.
• Civil Code § 52.4 — civil action and damages for gender violence.
• Civil Code § 1708.5 — sexual battery.
• Civil Code § 3294 — punitive damages.
• Penal Code § 288 — lewd acts on a child (referenced in subdivision (c)).

Why CCP § 340.1 Matters

For survivors

Because there is no deadline, you can come forward when you are ready — even decades later — and pursue both the abuser and the institution that enabled the abuse. See our California sexual abuse lawyer page for how claims are built.

For institutions

Schools, churches, and youth organizations face open-ended exposure — and treble damages if a cover-up is proven — making document preservation and honest disclosure critical.

Frequently Asked Questions

Is there really no deadline to file a childhood sexual abuse lawsuit in California?

Yes. Code of Civil Procedure § 340.1(a) states there is no time limit to file a civil claim for childhood sexual assault, against either the perpetrator or a negligent institution.

What are treble damages under CCP § 340.1?

Treble damages means up to three times the survivor’s damages. Subdivision (b) allows them against a defendant who is proven to have engaged in a cover-up — a concerted effort to hide evidence of the abuse.

Can I sue a school, church, or youth organization — not just the abuser?

Yes. Subdivision (a)(2)–(3) allows claims against any person or entity whose negligent or intentional act was a legal cause of the abuse, including institutions that failed to protect a child.

Do I need a criminal conviction to sue under § 340.1?

No. A civil claim is separate from the criminal system and is proved by a preponderance of the evidence (Evidence Code § 115), a lower standard than a criminal case.

What is a certificate of merit and when is it required?

It is a sworn statement — from the plaintiff’s attorney and a licensed mental-health practitioner — that a reasonable basis for the claim exists. Under subdivisions (e)–(f) it is required when the plaintiff is 40 or older.

The abuse happened decades ago. Can I still file?

Generally yes. Because § 340.1(a) sets no time limit for childhood sexual assault, the age of the claim does not, by itself, bar it — though evidence and specific facts should be reviewed by counsel.