IMPORTANT TIME LIMITS

As a former or current employee, you have one full year from the date you’ve been harassed, discriminated against, or retaliated against to file an administrative complaint of discrimination with the California Department of Fair Employment and Housing.

For harassment cases, age discrimination, gender discrimination, employer retaliation, or any other form of workplace discrimination, you only have one year after you file a Right to Sue Notice to file a lawsuit. Employment lawyers will work with you to establish the deadlines so that your claim does not expire under the statute of limitations.

For unpaid wages or unpaid overtime, an employee has three years to file claims. Employees also have three years to sue for fraud and four years to sue for breach of a written employment contract. California fair employment allows plenty of time to retrieve the money owed to you for labor or services rendered.

Employers have to argue that the statute of limitations applies to an employee’s claim; otherwise, it will not be considered in court. Some statute of limitations might get stretched if your employer repeatedly engages in violations of the Fair Labor Standards Act, the California Family Rights Act, or other federal laws or state employment laws.

• The service of process is the responsibility of the plaintiff to provide proper notice to the defendant of their employment law claim or complaint. Below are the time frames for each action required to establish an employment lawsuit.
  • Serve Defendant after Complaint Filed – 60 days after filing.  [Source: CRC 3.110]
  • Serve Defendant Added via Amended Complaint – 30 days after adding a new defendant.  [Source: CRC 3.110(b)]
  • Proof of Service of Summons and Complaint – 60 days after filing a complaint.  [Source: CRC 3.110]
  • Defendant Time Limit to File Answer or Demurrer – 30 days from date complaint was served.  [Source:  CCP 412.20]

• Discovery helps both parties prepare for court on both sides of an employment law claim. Below are some timelines for both plaintiffs and defendants to follow during this period.
  • Plaintiff May Serve Discovery Questions to Another Party – 10 days after service of the complaint.  [CCP § 2030.020 (interrogatories)],[2031.020 (inspection demands)].
  • The Defendant May Serve Discovery  – Anytime.  [CCP § 2030.020]
  • Plaintiff May Serve Deposition Notice – 20 days after service of Complaint.  [CCP 2025.210]
  • Subpoena for Personal (Medical) Records – Must be served on the consumer at least 15 (in actuality 20) days before the production date.  [ CCP § 1985.3(d) incorporating CCP 2020.220(a)]. 
  • The subpoena may not be served on the records custodian until at least five days after service on the consumer. [CCP § 1985.3(b)(3)]
  • Subpoena for Employment Records – Must be served on the employee 10 days before the date for production (in actuality 20 days before, see below), five days before service on the custodian of records.  [CCP § 1985.6(b)(2)&(3).] Must be served on records custodian 15 days before date of production.
  • Motion to Quash Subpoena Duces Tecum – must be served on defense counsel at least five days before the date for production of documents [CCP 1985.3(g), 1985.6(f)(2)] Note: Court may still grant a motion to quash after this time.  [Slage v. Sup. Ct. (1989) 211 Cal. App.3d 1309, 1313]
  • Move to Compel Additional Answers – 45 days.   [CCP § 2030.300]
  • Respond to Written Discovery – 30 days (+5 days if questions were mailed).
  • Discovery Closes Before Arbitration – 15 days before arbitration.  [CRC 3.822]  Note:  Extending the trial date does not automatically extend the discovery cutoff date.
  • Discovery Closes Before Trial: 30 days before trial – or 15 days before arbitration.  [CCP 2024.020]
  • Last Day to Hear Discovery Motions – 15 days before trial.  [CCP 2024.020]
  • Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial.
  • Deposition Notice – Defendant may serve any time.  The plaintiff must wait 20 days after service of Summons and Complaint to serve. [CCP 2025.210]
  • Depositions – Must be set at least 10 days in the future (+5 days if the notice is mailed – CCP 1013).  [CCP 2025.270].
  • Deposition Objection – A party must “promptly” object at least 3 calendar days (+5 for mail) before the deposition date. [CCP 2025.401(a)]
  • Depositions With Records Requests – If seeking “personal records” of a “consumer” the procedure differs depending on whether one is taking the deposition of  a party (plaintiff, defendant, cross-defendant, etc.) or a non-party witness:
    • For parties to the lawsuit – no subpoena is necessary, and the party can be compelled to produce “personal records” with only 10 days’ notice.  [CCP 2025.270]  (+5 days if the notice is mailed – CCP 1013).
    • For non-party witnesses – A subpoena must be issued at least 20 days before the deposition.  [CCP 2025.270] (+5 days if the notice is mailed – CCP 1013)
  • Depositions in Unlawful Detainer Actions – Only five days’ notice is required. [CCP 2025.270(b)]

• • Experts Must Be Demanded – 70 days before trial (or within 10 days of setting a trial date, whichever is closer to the trial date)  [CCP 2034.220]
  • Experts Must Be Disclosed – 50 days before trial (or 20 days after service of the demand, whichever is closer to trial date)  [CCP 2034.230]
  • Supplemental Expert Disclosure – Must be disclosed within 20 days of the Exchange of Expert Witnesses.  May only disclose witness to cover a subject covered by opponent’s witnesses.  [CCP 2034.280]
  • Expert Depositions – May be set “On receipt of an expert witness list from a party.”  [CCP 2034.410]
  • Expert Discovery Cut Off – 15 days before the original trial date.  [CCP 2024.030].
  • Last Day for Motions Regarding Experts – 10 days before the original trial date.  [CCP 2024.030].
  • Experts Must Provide Documents Before Their Depo – 3 business days before a deposition, experts must provide a copy of the documents they produce in response to the deposition notice.  [CCP 2034.415]

• Arbitrator Must Issue Award – Within 10 days after the conclusion of the arbitration (or 20 on application from the Arbitrator for more time).  [CRC 3.825]
• Reject Arbitration Award – Within 60 days of service of the arbitration award.  [CRC 3.826]
• Discovery Closes Before Arbitration – 15 days before arbitration.   [CRC 3.822].

• Discovery Closes (with the exclusion of expert lists, and expert depositions) – 30 days before trial, or after non-binding arbitration.  [CCP 2034.210;  CCP § 1141.24].
• Experts Must Be Demanded – 70 days before trial (or within 10 days of setting the trial date, whichever is closer to the trial date).   [CCP 2034.220].
• Experts Must Be Disclosed – 50 days before trial (or 20 days after service of demand, whichever is closer to trial date).   [CCP 2034.230].
• 998 Offers to Compromise – Can be made up until 10 days prior to trial.   [CCP 998].
• Notice to Appear at Trial (to party) [No documents] – 10 days before trial, send a notice with time and place to an attorney. [CCP § 1987(b)].
• Notice to Appear at Trial (to party) [With documents] – 20 days before trial, send notice with time and place to attorney. [CCP § 1987(c)].
• Objection to Notice to Appear At Trial With Documents – 5 days “or any other time period as the court may allow”  [CCP § 1987(c)].

• Noticed motions – must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery). [CCP  1005] Note: CCP 1013 does not apply.
• Opposition to noticed motion – must be filed and served 9 court days before hearing.  [CCP  1005].
• Reply to noticed motion – 5 court days before hearing.  [CCP  1005].
• Ex Parte Motion – The opposing party must be notified by 10:00 A.M. the day before the hearing, absent “exceptional circumstances.”  [CRC 3.1203].  Note:  This is a minimum.  Check local rules for more strict notice periods.
• Table of Contents/Authorities – Required for motions over 10 pages.   [CRC 3.1113(f)]

• Motions for Summary Judgment – Notice is 75 days before hearing (+10 if outside CA, +20 if outside US) [CCP 437c(a)].  Opposition is 14 days before the hearing [CCP 437c(b)(2)].  Reply is 5 days before hearing.  [CCP 437c(b)(3)].
  • Motion must be heard 30 days before trial date.  [CCP 437c(a)]
    • Note:  This 30-day time limit can be modified by the court for “good cause.”  [CCP 437c(a)]
    • Note:  Practically, this means an MSJ must be filed 105 days before trial