An action for civil penalties or punitive damages authorized under Chapter 6.5 (commencing with Section 25100), Chapter 6.67 (commencing with Section 25270), Chapter 6.7 (commencing with Section 25280), or Chapter 6.95 (commencing with Section 25500) of Division 20 of, or Part 2 (commencing with Section 78000) of Division 45 of, the Health and Safety Code, or Chapter 1 (commencing with Section 3000) of Division 3 of the Public Resources Code, shall be commenced within five years after the discovery by the agency bringing the action of the facts constituting the grounds for commencing the action.

(Amended (as amended by Stats. 2022, Ch. 258, Sec. 7) by Stats. 2023, Ch. 337, Sec. 1. (AB 631) Effective January 1, 2024.)

Terms Used In California Code of Civil Procedure 338.1

  • action: as used in this Title is to be construed, whenever it is necessary so to do, as including a special proceeding of a civil nature. See California Code of Civil Procedure 363
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.