California Assembly Bill 2777, known as the Sexual Abuse and Cover-Up Accountability Act, created a temporary revival window (also known as a “lookback window”) for certain civil claims arising from adult sexual assault that otherwise would have been time-barred solely because the claimant’s statute of limitations had expired.
California currently has two separate lookback windows open for adult sexual assault claims, and they do not have the same rules. The AB 2777 window described on this page closes December 31, 2026, and addresses conduct occurring on or after January 1, 2009. A second window, created by AB 250 and codified at California Code of Civil Procedure section 340.16(e), runs through December 31, 2027, and does not have a cutoff date for when the assault occurred. If an assault took place before 2009, the AB 2777 window will not apply, but the AB 250 window still may.
If you would like more information about California lookback laws and whether they may apply to your circumstance, you can always contact the attorneys at Wisner Baum for a free, confidential case evaluation.
How the Statute of Limitations and the Revival Window Work
For civil actions seeking damages for sexual assault occurring on or after the plaintiff’s 18th birthday, California Code of Civil Procedure section 340.16 generally provides that an action may be filed by the later of:
- Ten years after the last act, attempted act, or assault with intent to commit an act of sexual assault; or
- Three years after the plaintiff discovered, or reasonably should have discovered, that an injury or illness resulted from the conduct.
AB 2777’s revival provision may permit some claims to proceed even if that ordinary filing period had expired. The question is not simply whether a claim is old; among other statutory conditions, the claim must otherwise have been barred solely because the applicable limitations period expired.
Understanding Delayed Discovery
Section 340.16 does not replace the ten-year period with a three-year one. It sets the deadline at whichever of the two periods ends later. A survivor who connects an injury or illness to the assault long after it happened may therefore still have three years from that point, even if more than ten years have passed since the assault itself. This is the delayed discovery rule. It exists because the harm caused by a sexual assault is often not something a person recognizes, names, or can act on right away.
California lawmakers recognized that survivors frequently do not come forward within the ordinary filing periods, and that the reasons often have nothing to do with the strength of the claim. Nondisclosure agreements, fear of retaliation at work, and an institution’s efforts to keep an allegation quiet are among the many reasons survivors may not bring a claim in time. The revival window exists for claims in exactly these circumstances: claims barred only because both the ten-year period and the three-year discovery period had already run.
AB 2777 December 31, 2026 Filing Deadline
Under AB 2777, the revival window for qualifying claims ends on December 31, 2026. The lookback period only applies to conduct that occurred on or after January 1, 2009, and only to claims that would otherwise be barred solely because the applicable statute of limitations had expired.
In October 2025, Governor Newsom signed AB 250, which amended section 340.16 and created a separate revival window. It may revive claims against a nonpublic entity when the plaintiff alleges, among other requirements, that the entity or its specified representatives covered up or attempted to cover up a previous instance or allegations of sexual assault by an alleged perpetrator. It also expressly addresses qualifying claims against perpetrators and related claims arising from the assault. Whether subdivision (e) applies depends on the allegations and defendants in the particular case. The law allows civil claims that were otherwise barred by a statute of limitations before January 1, 2026, to be filed between that date and December 31, 2027. Unlike the AB 2777 window, it does not exclude claims of assault that occurred prior to January 1, 2009.
Eligibility Under AB 2777
The AB 2777 revival window reaches many survivors whose claims were time-barred, but not all claims are eligible.
General eligibility requirements under the AB 2777 revival window (California Code of Civil Procedure section 340.16(b)(3)):
- The survivor was 18 years or older at the time of the assault.
- The assault occurred on or after January 1, 2009.
- The claim would otherwise be barred solely because the applicable statute of limitations had expired. A prior lawsuit is not required.
Individuals may qualify if their case meets these requirements, though eligibility is not guaranteed. AB 2777 allows claims against both an individual who committed the assault and, in qualifying cases, an entity who may be legally responsible. If you remain unsure whether you have a claim, request a free, confidential case evaluation.
Cover-Ups and Institutional Accountability
AB 2777 also created a separate, one-year revival window for certain claims involving an alleged institutional cover-up. That window ran from January 1, 2023 through December 31, 2023 and is now closed. The cover-up route currently available is the one created by AB 250, which runs through December 31, 2027. The definitions below are the ones now codified at California Code of Civil Procedure section 340.16(e)(5).
Under California Code of Civil Procedure section 340.16(e)(5)(A), a “cover-up” refers to:
“a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements.”
Under CaliforniaCode of Civil Procedure section 340.16(e)(5)(C), “legally responsible” means that:
The person, entity or entities are liable under any theory established by statute or common law, including, but not limited to negligence, intentional torts, and vicarious liability.
For purposes of that subdivision, “entity” is defined to exclude public entities.
AB 250 is separate from AB 2777 and is not a general extension of it.
Limits and Exclusions Under AB 2777
There are certain limits and exclusions under AB 2777 that all survivors should be aware of. It is important to discuss a potential case directly with an attorney to determine eligibility under the law.
The AB 2777 revival provision does not revive:
- Claims that were litigated to finality in a court of competent jurisdiction before January 1, 2023.
- Claims compromised by a written settlement agreement between the parties entered into before January 1, 2023.
Section 340.16(b)(3) does not contain an express exclusion for claims against public entities, which are separately governed by the Government Claims Act. The Government Claims Act imposes its own presentation requirements and deadlines, and the AB 250 window at section 340.16(e)(7)(C) does expressly exclude claims against public entities. Anyone considering a claim against a school district, public university, city, county, or other public agency should have those requirements reviewed specifically.
Childhood sexual-assault claims are governed principally by California Code of Civil Procedure section 340.1 and section 340.11. Section 340.1 applies without a limitations period to childhood sexual assault occurring on or after January 1, 2024, while section 340.11 contains the framework for assault occurring before that date. The separate AB 218 revival window for childhood sexual assault claims closed December 31, 2022.
Standing With Survivors in California
Because the AB 2777 window closes on December 31, 2026, and because preparing and filing a lawsuit takes time, there is a practical benefit to having a claim reviewed by an attorney well before that date. Wisner Baum represents survivors of sexual assault against individual perpetrators and, where the facts and the law support it, against institutions alleged to have enabled or concealed the abuse.
If you or a loved one was sexually assaulted in California, contact Wisner Baum to discuss potential legal actions. Contact (310) 207-3233 to schedule a free consultation.
