California AB 452: No Deadline and Treble Damages for Assault Claims

California’s Assembly Bill 452 eliminates the statute of limitations for civil lawsuits arising from childhood sexual assault that occurs on or after January 1, 2024. Governor Newsom signed the bill on October 10, 2023, and it amended Code of Civil Procedure Section 340.1 to remove any filing deadline for qualifying claims going forward.¹ For abuse that happened before 2024, different and shorter deadlines from prior law still control. Figuring out which side of that line your situation falls on is the first thing to settle before anything else.

What Counts as Childhood Sexual Assault

Section 340.1 defines “childhood sexual assault” as any act committed against someone under 18 that would violate specific California Penal Code offenses. The list includes lewd acts with a child, sodomy or oral copulation with a minor, sexual penetration of a minor, procuring a child for sexual purposes, incest, using a minor in sexual performances, and annoying or molesting a child.² The definition reaches conduct that was illegal under the version of California law in force at the time, so renumbering or recategorizing offenses over the years does not create a loophole.

The statute is not limited to claims against the person who committed the assault. It expressly allows suits against any person or organization whose wrongful, negligent, or intentional conduct contributed to the abuse.²

No Deadline for Assaults on or After January 1, 2024

For childhood sexual assaults that occur on or after January 1, 2024, there is no deadline to file. The statute makes this explicit across three types of claims:

Claims against the person who committed the assault.
Claims against a person or organization that owed a duty of care to the child, where a wrongful or negligent act was a legal cause of the assault.
Claims against a person or organization whose intentional act was a legal cause of the assault.

A survivor whose abuse falls into this window can sue at any point in life, whether five years later or fifty. A court cannot dismiss the case on the ground that too much time has passed.²

What If the Abuse Happened Before 2024

This is where most people reading about AB 452 hit the hard wall. Subdivision (p) of Section 340.1 states that for childhood sexual assaults occurring on or before December 31, 2023, claims “may only be commenced pursuant to the applicable statute of limitations set forth in existing law as it read on December 31, 2023.”² AB 452 is not retroactive.

The pre-2024 framework comes from AB 218, enacted in 2019. Under those rules, a survivor of pre-2024 abuse has to file within the later of two deadlines: 22 years after turning 18 (so effectively by age 40), or five years after discovering that a psychological injury or illness occurring in adulthood was caused by the childhood assault.³

AB 218 also opened a three-year revival window starting January 1, 2020, during which survivors could file claims that had already been time-barred. That window ran through approximately January 1, 2023.³ If that window closed on your claim and the 22-year and 5-year deadlines have also passed, AB 452 does not revive it. The new law helps future survivors; it does not reopen previously expired claims.

Who You Can Sue

The law reaches both individuals and institutions. For institutional defendants, liability attaches when the organization owed a duty of care to the child and its negligent or intentional conduct contributed to the abuse. That covers schools, churches, youth sports leagues, summer camps, foster care agencies, and other organizations responsible for supervising children.²

Public entities such as school districts are not exempt. AB 218 removed the government claims presentation requirement for childhood sexual assault cases, so survivors do not need to file an administrative claim with the public entity before suing. That change still stands under AB 452.

One practical note on institutional cases: many commercial general liability policies exclude coverage for sexual misconduct claims, which means the organization’s insurer may refuse to pay. Some nonprofits and larger institutions carry specific abuse liability policies; smaller organizations often do not. A judgment is only as useful as the assets and insurance behind it.

Treble Damages for Cover-Ups

Section 340.1 carries a significant penalty for organizations that actively concealed abuse. If a survivor proves the assault resulted from a cover-up, the court can award up to three times the actual damages against any defendant who participated in that cover-up.² The statute defines a “cover up” as a concerted effort to hide evidence relating to childhood sexual assault.

In practice, this reshapes settlement negotiations. An institution that quietly transferred an abuser, destroyed internal complaints, or pressured witnesses to stay silent faces exposure well beyond ordinary compensatory damages, and that risk tends to drive earlier and larger settlements than the raw facts of a single assault would.

Extra Steps If You Are 40 or Older

If you are 40 or older when you file, Section 340.1 requires certificates of merit along with the complaint. Two separate certificates are needed.

Your attorney must declare that they reviewed the facts, consulted at least one licensed mental health practitioner knowledgeable about the case, and concluded there is reasonable and meritorious cause to file. A licensed mental health professional, who cannot be your current or former therapist, must then declare that they interviewed you and, in their professional opinion, there is a reasonable basis to believe you were subjected to childhood sexual abuse. A separate certificate is required for each defendant named.²

The court reviews the certificates privately before allowing service of process. Until the court finds reasonable and meritorious cause, the defendant cannot be served and has no obligation to respond. A related rule requires defendants to be named by fictitious “Doe” designations in pleadings until the plaintiff shows corroborating facts supporting the allegations against that specific defendant; only then can the complaint be amended to use the real name.² Both rules mean the evidentiary groundwork has to be in place before filing, not after.

What To Do Next

Start by placing your case on the timeline. If the abuse occurred on or after January 1, 2024, there is no filing deadline to worry about. If it occurred before that date, work out whether the AB 218 deadlines (22 years after turning 18, or five years after discovering an adult psychological injury linked to the abuse) have passed, and whether you filed within the 2020–2023 revival window if your claim was already time-barred.

Begin gathering evidence early. Medical and therapy records showing treatment for PTSD, depression, anxiety, or other trauma-related conditions help establish the long-term impact. Any contemporaneous medical records from near the time of the assault are especially valuable. On the institutional side, employment files, volunteer rosters, internal complaints, and disciplinary records can show what the organization knew and when. Once an institution is on notice that litigation is possible, it has a legal duty to preserve relevant records, and destroying them after that point can draw court sanctions.

Most attorneys handling these cases work on contingency, collecting a percentage of any recovery rather than charging hourly fees up front. Contingency rates in personal injury cases typically run from roughly 25% to 40% of the settlement or judgment. Get the fee arrangement in writing before any work begins, and raise financial-planning questions (settlement tax treatment, protection of any needs-based benefits you receive) with your attorney early rather than after a settlement is on the table.

1
California Legislative Information. AB 452 Childhood Sexual Assault Statute of Limitations (2023-2024)
2
California Legislative Information. California Code of Civil Procedure 340.1
3
California Legislative Information. AB 218 Childhood Sexual Assault Statute of Limitations (2019-2020)