Filing a Sexual Abuse Lawsuit in San Diego: Deadlines, Costs, and Recovery

If you are considering filing a sexual abuse lawsuit in San Diego, the civil case starts with a complaint filed in San Diego County Superior Court, and almost every survivor hires an attorney on contingency so there is nothing to pay upfront. The deadline to file depends on how old you were when the abuse happened and whether the defendant is a private person or institution or a government body. California has recently expanded those deadlines significantly, and a new two-year window that opened on January 1, 2026, has reopened the door for many adult survivors whose claims had expired.

Deadlines for Childhood Sexual Abuse

If the abuse happened when you were under 18, California has essentially removed the civil deadline. Assembly Bill 452 eliminated the statute of limitations for childhood sexual assault claims arising on or after January 1, 2024.¹ A survivor whose abuse started in 2024 or later can file at any age.

For abuse that occurred before January 1, 2024, Code of Civil Procedure Section 340.1 lets you sue until you turn 40, or within five years of discovering that an injury was caused by the abuse, whichever is later.² The discovery rule matters. Many survivors do not connect depression, anxiety, or other psychological harm to past abuse until years later, and the clock does not start until that connection is made or reasonably should have been.

A temporary three-year revival window for older childhood claims opened under AB 218 from January 1, 2020, through December 31, 2022. That window is closed, and California has not historically reopened revival windows once they expire.³

Deadlines for Adult Sexual Abuse

If you were 18 or older when the assault occurred, CCP Section 340.16 gives you 10 years from the assault, or three years from discovering that an injury resulted from it, whichever is later.⁴

If your claim fell outside that window, there is a new opportunity. Assembly Bill 250, signed by Governor Newsom on October 13, 2025, opened a two-year revival window running from January 1, 2026, through December 31, 2027.⁵ During this window, adult survivors can file previously time-barred lawsuits, but only if the claim involves an entity that engaged in a “cover up” of the assault. The statute defines a cover-up as a concerted effort to hide evidence of sexual assault that incentivizes silence or prevents information from becoming public, including through nondisclosure or confidentiality agreements.⁶

Two important limits. AB 250 does not revive claims that already went to a final judgment or were settled in writing before January 1, 2026. And it does not apply to claims against government entities.⁵ If your case is against a private institution or individual and you missed earlier deadlines, pay close attention to the December 31, 2027, cutoff.

Suing a Government Entity in San Diego County

Cases against the County of San Diego, public school districts, or county-run juvenile facilities follow a different track, and the rules are tighter for adult survivors than for people abused as children.

For childhood sexual abuse, Government Code Section 905(m) exempts CCP 340.1 claims from the usual requirement to file a preliminary administrative claim with the government entity before suing.⁷ You can go directly to court without first filing a claim with the county or school district and without being bound by the six-month administrative deadline under the Government Claims Act.⁸

For adult sexual assault against a government entity, the Government Claims Act applies in full. You generally must present a written claim to the entity within six months of when the cause of action arose.⁹ Missing it can permanently bar your claim, although courts have discretion to grant relief where a disability or severe emotional trauma substantially interfered with the survivor’s ability to function. Government entities are also excluded from both the AB 250 and earlier AB 2777 revival windows for adult sexual assault.¹⁰

How To File in San Diego County Superior Court

A civil sexual abuse lawsuit begins when the complaint is filed with the court. The paperwork package includes a Civil Cover Sheet, a Complaint (on court-approved forms or on pleading paper), a Summons, and fee waiver forms if you cannot afford the filing cost.¹¹ The originals go to the court, you keep one copy, and the court stamps (“conforms”) another copy for service on the defendant.

Paper filings are accepted at the Civil Business Office in the Hall of Justice, 330 West Broadway, 2nd Floor, San Diego. Most unlimited civil cases run through the Central Division. The court also offers electronic filing for general civil cases, and its zip-code list can confirm the right location for specialty filings.¹²

Once the complaint is filed, every defendant must be served and proofs of service filed within 60 days.¹¹ Anyone 18 or older who is not a party to the case may serve the documents. You cannot serve them yourself. Methods include personal delivery, substituted service, service by mail, and in some circumstances service by publication.

Court filing fees for the initial complaint generally run about $225 to $370, with additional fees for later motions. If you cannot afford them, you can apply for a fee waiver.¹³

If You Are 40 or Older and Suing Over Childhood Abuse

Survivors who are 40 or older at the time of filing a childhood sexual abuse claim face an extra procedural step. Your attorney and a licensed mental health practitioner must each file a “certificate of merit” confirming a reasonable basis to believe the abuse occurred. The court reviews these certificates privately before any defendant can be served. Defendants are initially identified by “Doe” pseudonyms, and you must submit a “certificate of corroborative fact” before the court will allow the real names to be substituted in.²

Filing Under a Pseudonym

You can file as “Jane Doe” or “John Doe.” Your identity must eventually be disclosed to the defendant during the litigation, but using an alias in public court filings protects your privacy in the record.¹⁴ Confidential settlements are common in abuse cases.

What You Can Recover

California places no cap on the total damages a sexual abuse survivor can recover in a civil case.¹⁵ Awards generally fall into three categories: economic damages for measurable losses such as therapy, medical bills, lost wages, and reduced earning capacity; non-economic damages for pain and emotional distress; and punitive damages intended to punish particularly egregious conduct.

If an institution is found to have covered up evidence of sexual abuse, you can seek up to three times your actual damages (treble damages) under CCP 340.1 for childhood claims and CCP 340.16 for adult claims.² There is an exception for government defendants: a California appellate court ruled in the LAUSD case that treble damages are punitive in nature and therefore cannot be collected from public entities under Government Code Section 818.¹⁶

Settlement values vary. A 2025 CalMatters report found that typical settlements in institutional childhood abuse cases range from $5 million to $10 million per claim, though some jury verdicts have gone much higher, including a $135 million verdict against Moreno Valley Unified School District in 2023.¹⁷

What It Costs to Hire an Attorney

San Diego sexual abuse attorneys almost always work on contingency. You pay nothing upfront. The firm advances the filing fees, investigation, expert witnesses (psychologists, trauma specialists), depositions, and other case costs, and is paid only out of a settlement or verdict.¹⁸ The standard contingency fee is roughly one-third of the recovery and can reach 40% in complex cases.¹⁷

You do not need a criminal conviction to file a civil case. You do not need to have reported the assault to police, and you do not need to have had a forensic exam, though a recent exam can strengthen the evidence if the assault just happened.⁴

Where To Get Help in San Diego Before You File

Several San Diego organizations offer free support that can run alongside a civil case:

Center for Community Solutions runs a 24/7 rape crisis hotline at 888-385-4657 and provides legal advocacy, criminal justice accompaniment, counseling, and safety planning.¹⁹
The San Diego County District Attorney’s Victim Assistance Program (619-531-4041) offers crisis intervention, court support, and help applying for California Victim Compensation Board benefits of up to $70,000 per crime for medical, mental health, and related expenses.²⁰
The San Diego County Sexual Assault Response Team coordinates forensic exams, law enforcement response, and advocacy, with referrals through CCS, the Women’s Resource Center (760-757-3500), and RAINN’s national hotline (800-656-4673).²¹
Your Safe Place, the Family Justice Center, can be reached at 619-533-6000, with a North County office at 760-290-3690.

1
California State Senate. AB 452 Senate Judiciary Committee Analysis
2
Justia. California Code of Civil Procedure Section 340.1
3
D Law Group. AB 250 Sexual Assault Law California
4
FindLaw. CCP Section 340.16
5
Musick Peeler. New California Law Reopens Statute of Limitations for Sexual Assault Lawsuits
6
California State Senate. AB 250 Senate Judiciary Committee Analysis
7
Sex Abuse Law Firm. AB 218 Eliminates Requirements for Suing California Government Entities
8
California State Senate. AB 2959 Senate Judiciary Committee Analysis
9
Plaintiff Magazine. Relief From the Government Claims Filing Deadlines
10
File Abuse Lawsuit. California Filing Deadlines and Statute of Limitations for Abuse Lawsuits
11
San Diego Law Library. Civil Case Filing Guide
12
San Diego Superior Court. Civil – Where to File
13
Injury Justice Attorney. Cost of a Sexual Abuse Lawsuit
14
HAE Law. San Diego Sexual Assault Lawyer
15
Taylor Ring. Understanding Damages in California Sexual Abuse Cases
16
B3 Law. Public Entities Cover-Up Cases
17
CalMatters. Child Sex Abuse California
18
Gomez Trial Attorneys. San Diego Sexual Abuse Lawyer
19
Center for Community Solutions. Advocacy Services
20
San Diego County District Attorney. Victim Services
21
San Diego County. Sexual Assault Response Team