Tolling
Pausing the deadline clock. It happens in narrow, defined situations.
People hope tolling applies far more often than it does. It is worth knowing the real categories rather than relying on the hope. This is general information, not legal advice.
What it means
The clearest case is a plaintiff who is a minor. The time during which a person entitled to bring an action is under 18 is not counted, so the ordinary period effectively begins at 18.
Lack of legal capacity to make decisions can also toll the period. These are statutory categories, not general fairness exceptions.
The important limit: this tolling does not apply to claims that require a government claim first. A child injured by a public entity is still on the six-month claim clock, and the route back after missing it is an application for leave to present a late claim.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- My child was injured. Do we have until they turn 20?
- For an ordinary claim against a private defendant, the period does not run during minority. If a public entity is involved, do not assume it — the six-month claim deadline is not tolled the same way.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Code Civ. Proc., § 352 (tolling for minority or lack of legal capacity; subd. (b) excludes claims requiring a government claim); Gov. Code, § 911.4 (application for leave to present a late claim); Gov. Code, § 946.6 (petition to the superior court for relief).