The AB 2777 deadline: December 31, 2026 for older adult sexual assault claims in California

If you were sexually assaulted as an adult in California and were told it was too late to sue, the AB 2777 deadline may matter to you. A 2022 law gave some survivors a second chance to file a civil case over an older assault. That chance ends on December 31, 2026, which is about eleven weeks away as of October 11, 2026.

Whatever happened to you, and however long ago, you deserve clear information. This guide explains exactly what AB 2777 revived, the conditions in the statute, who it does not cover, how to act before the deadline, and what options remain after it. It is general information, not advice about your case. The rules are technical, and a short, confidential conversation with a lawyer is the safest way to know where you stand.

What is the AB 2777 deadline?

AB 2777, the Sexual Abuse and Cover Up Accountability Act, was signed on September 19, 2022 as Chapter 442 of the Statutes of 2022 and took effect January 1, 2023. It rewrote Code of Civil Procedure § 340.16, the statute of limitations for sexual assault that happened on or after a survivor's 18th birthday.

The part with the December 31, 2026 date is subdivision (b)(3). It covers civil claims based on conduct that happened on or after January 1, 2009, and filed on or after January 1, 2019, that "would have been barred solely because the applicable statute of limitations has or had expired." The statute says those claims "are hereby revived and may be commenced until December 31, 2026," according to the current text of § 340.16.

Law	AB 2777 (2022), Code of Civil Procedure § 340.16(b)(3)
Who	Survivors sexually assaulted on or after their 18th birthday
Assault dates	On or after January 1, 2009
Filing deadline	December 31, 2026 (a lawsuit must be filed in court by then)
Cover-up required?	Not under (b)(3). A cover-up was required only for the separate 2023 window and the new 2026–2027 window under AB 250
Excluded	Claims litigated to final judgment, or settled in a written agreement, before January 1, 2023

What AB 2777 actually revived: two different windows

Much of what you read online blends two separate parts of AB 2777. Keeping them apart is the key to understanding your deadline.

1. The general revival, open until December 31, 2026

Subdivision (b)(3) is the window that is still open. Its text has no cover-up element. It applies to claims that were too late only because the time limit had passed, as long as the assault happened on or after January 1, 2009. A February 2023 analysis in Advocate magazine noted that the statute text contains no cover-up requirement, and also noted that some questions about the exact reach of (b)(3) are not fully settled. That is one more reason not to wait.

2. The cover-up window, which closed December 31, 2023

AB 2777 also opened a one-year window, from January 1 through December 31, 2023, for claims against an entity that covered up, or tried to cover up, earlier sexual assault allegations against the same perpetrator. The Senate Judiciary Committee's 2025 analysis describes that window as having run until December 31, 2023. It is closed. A newer law, AB 250, has opened a similar window through 2027, explained below.

Do I qualify? The conditions in the statute

Under § 340.16, a claim fits the December 31, 2026 revival when all of these are true:

• You were 18 or older when the assault happened. Abuse before 18 is governed by a different law; see our guide to the childhood sexual abuse statute of limitations in California.
• The assault happened on or after January 1, 2009.
• The conduct is a "sexual assault" as the statute defines it. Subdivision (b)(1) lists Penal Code §§ 243.4 (sexual battery), 261 (rape), 264.1, 286, 287 and 289, former §§ 262 and 288a, and assaults with intent or attempts to commit those crimes, according to the statute's text.
• The only problem with the claim is timing. The revival reaches claims barred "solely" because the time limit expired.
• The claim was never resolved. A claim litigated to a final judgment, or settled in a written agreement, before January 1, 2023 is not revived.
• The lawsuit is filed by December 31, 2026.

You do not need a police report, a criminal charge or a conviction. Subdivision (b)(2) says a criminal prosecution is not required, and that the section does not limit claims against people or organizations other than the person who assaulted you. That can include an employer, a medical practice, a rideshare company, a hotel or another business that failed to protect you.

Who the 2026 revival does not cover

• Assaults before January 1, 2009. The general revival does not reach them. The AB 250 window described below has no 2009 start date, but it requires a cover-up and an eligible defendant.
• Childhood abuse. If you were under 18, § 340.1 applies instead, with its own rules.
• Claims already resolved by final judgment or written settlement before 2023.
• Many claims against government bodies. If the assault involved a public school, college, county, city, police department or state agency, the Government Claims Act usually requires a written claim within six months (Government Code § 911.2). The exemption in Government Code § 905(m) covers childhood sexual assault only. Advocate magazine's analysis reported that legislative hearing notes say AB 2777 did not eliminate the claim requirement for state or local entities. In practice, an old adult claim against a public entity faces serious hurdles even inside the revival window. See our guide to the six-month government claim deadline and, for officers, police sexual misconduct.

Do I even need the revival? The normal deadline

Many survivors are still within the ordinary time limit and do not need the revival at all. Under § 340.16(a), an adult survivor may sue within ten years of the last act of assault, or within three years of discovering, or when they reasonably should have discovered, an injury or illness that resulted from it, whichever is later.

A simple example, for illustration only: a survivor assaulted in 2012 would normally have had until 2022 under the ten-year rule. If no later discovery date applies, the revival gives that survivor until December 31, 2026 to file. A survivor assaulted in 2018 is usually still inside the ten-year period, which runs into 2028. Real dates depend on facts, so have a lawyer check yours.

How to act before December 31, 2026

The statute says a revived claim must be "commenced" by the deadline. In a California civil case, that means a complaint filed in superior court. A police report, a complaint to HR, a letter to the company or a call to a lawyer does not stop the clock by itself.

1. Talk to a lawyer now, not in December. A complaint has to name the right defendants and state facts that fit the statute. That takes time to investigate. Courts can be busy at year-end, and a filing problem on the last day may not be fixable.
2. Gather what you have. Dates, places, names, texts, emails, journal entries, medical or therapy visits, and anyone you told at the time. You do not need all of it to start.
3. Ask about privacy. Many survivors ask the court for permission to file as Jane Doe or John Doe. Courts decide this case by case. Our guide to filing a sexual abuse lawsuit as Jane Doe explains how it works.
4. If a public entity is involved, raise it right away. A government claim, and possibly an application to present a late claim (Government Code § 911.4, generally within one year), has its own steps and timing.
5. Do not sign anything from the person or organization involved, including a release or a "confidential resolution," before a lawyer reviews it.

What happens after December 31, 2026?

The (b)(3) revival ends. After that date, the ordinary rule in § 340.16(a) still applies: ten years from the assault or three years from discovery.

A second window is also open. AB 250, Chapter 682 of the Statutes of 2025, added § 340.16(e), effective January 1, 2026. It revives adult sexual assault claims that were time-barred before January 1, 2026, if filed by December 31, 2027, according to Liebert Cassidy Whitmore's summary and The Stanford Daily. Its conditions are narrower:

• You must allege that a private entity is legally responsible and that the entity covered up, or tried to cover up, an earlier assault or allegation by the same perpetrator. The statute defines a cover-up as "a concerted effort to hide evidence relating to a sexual assault," including through nondisclosure or confidentiality agreements.
• Claims against the perpetrator are revived too, and related claims such as wrongful termination and sexual harassment can come along.
• Public entities are excluded, as are claims litigated to finality or settled in writing before January 1, 2026.

If your claim fits the 2026 window, do not count on AB 250 as a backup. A cover-up has to be alleged and proven, and not every case has one.

How LaCour handles these cases

LaCour Trial Lawyers represents adult survivors across California, including people assaulted at work, by a medical provider or during a rideshare trip. Lead trial counsel Jonathan P. LaCour leads these cases himself. We have Spanish-speaking lawyers and staff, the first conversation is free and confidential, and there is no fee unless there is a recovery. Learn more on our sexual abuse and institutional abuse practice page, see our guide to sexual assault by a supervisor at work, or ask for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.