§ 340.35.Childhood Sexual Abuse and Action Commenced Before January 1, 2006

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1678 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 340.35 gave a narrow window, closing January 1, 2006, for childhood sexual abuse damages claims whose earlier criminal prosecution had been dismissed or overturned under the U.S. Supreme Court’s decision in Stogner v. California.

Full Text of § 340.35

Text sizeJump to: (a) (b) (c) (d) (e)

(a) This section shall apply if both of the following conditions are met:

(1) A complaint, information, or indictment was filed in a criminal case initiated pursuant to subdivision (f), (g), or (h) of Section 803 of the Penal Code.

(2) The case was dismissed or overturned pursuant to the United States Supreme Court's decision in Stogner v. California (2003) 156 L.Ed.2d 544.

(b) Unless a longer period is prescribed for a specific action, any action for damages against an individual for committing an act of childhood sexual abuse shall be commenced before January 1, 2006.

(c) This section 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.

(d) This section shall not apply to any of the following:

(1) Any claim against a person or entity other than the individual against whom a complaint, information, or indictment was filed as described in paragraph (1) of subdivision (a).

(2) Any claim that has been litigated to finality on the merits in any court of competent jurisdiction prior to the effective date of this section. 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."

(3) 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 agreement.

(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 Section 13966.01 of the Government Code.

End

Plain-English Summary

Section 340.35 is a targeted, one-time fix tied to a specific piece of legal history. When the U.S. Supreme Court’s 2003 decision in Stogner v. California struck down retroactive revival of time-barred child-sex-abuse prosecutions, some criminal cases that had relied on the now-invalid revival statute (Penal Code § 803(f), (g), or (h)) were dismissed or overturned. This section gave the victims of the conduct underlying those specific dismissed or overturned prosecutions a civil damages window against the individual defendant, requiring the action to be commenced before January 1, 2006.

The section expressly revives claims that had otherwise lapsed under prior law, but only against the individual who was the subject of the affected criminal case — not against any other person or entity — and not claims already litigated to finality or resolved by a written settlement where the plaintiff had counsel.

Frequently Asked Questions

Does the window in § 340.35 remain open today?

No. It required the qualifying action to be commenced before January 1, 2006, a deadline that has long since passed.

Who could be sued under § 340.35?

Only the individual defendant against whom the affected criminal complaint, information, or indictment was filed — not any other person or entity.

Amendment History

Added by Stats 2004 ch 741 (SB 1678),s 1, eff. 1/1/2005.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: Stogner v California civil claim statute of limitations