Yes. A survivor in Rancho Cucamonga can bring a civil sexual abuse claim in San Bernardino County Superior Court against the person responsible and, in many cases, against the institution that failed to prevent the abuse. No police report or conviction is required. California's deadlines are long, so abuse that happened many years ago may still support a claim.
Civil Claims for Sexual Abuse in California
A civil claim is a lawsuit the survivor brings in their own name, seeking compensation for the harm caused. In a civil case, the survivor is the plaintiff (the person bringing the claim) and makes the decisions about it.
A civil claim is decided by a preponderance of the evidence, meaning more likely than not. California's adult sexual assault statute says a criminal prosecution does not have to have been brought, and if one was brought, it does not have to have ended in a conviction.
Civil defendants fall into two broad groups. The first is the individual who committed the abuse. The second is an institution that owed the survivor a duty of care: a school, a church or religious organization, a youth program, a healthcare provider, a foster care agency or a public entity. For survivors living in Rancho Cucamonga, Alta Loma, Etiwanda or nearby communities, these claims are generally filed in San Bernardino County. The same framework applies statewide, as described on our California sexual abuse lawyer page.
California's Statutes of Limitations for Sexual Abuse Claims
In California, the filing deadline depends mainly on two dates: when the abuse happened, and whether the survivor was a child or an adult at the time.
Childhood sexual abuse. Claims for abuse that happened before age 18 fall under Cal. Code Civ. Proc. § 340.1. The rule turns on the date of the abuse:
- Abuse on or after January 1, 2024: there is no time limit to file.
- Abuse on or before December 31, 2023: the claim generally follows the law as it stood at the end of 2023. That means filing by age 40 (22 years after turning 18), or within five years of when the survivor discovered, or reasonably should have discovered, that a psychological injury was caused by the abuse, whichever is later.
The no-time-limit rule does not reach back to older abuse. A separate three-year revival window created by AB 218 (2019) closed on December 31, 2022. Survivors who file at age 40 or older must also file certificates of merit, which are statements from their attorney and from a licensed mental health practitioner supporting the claim. Section 340.1 also allows up to treble (triple) damages against a defendant found to have covered up the abuse of a minor.
Adult sexual assault. Claims for assault that happened on or after age 18 fall under Cal. Code Civ. Proc. § 340.16. The deadline is the later of 10 years from the last act of assault, or three years from when the survivor discovered, or reasonably should have discovered, that an injury resulted from it.
Section 340.16 also contains a revival window. For adult assault that occurred on or after January 1, 2009, a claim that would otherwise be barred only because the deadline passed may be filed until December 31, 2026. The only exclusions are a claim already litigated to finality, or one settled in a written agreement, before January 1, 2023. A separate, later window running through December 31, 2027 covers certain claims against private entities and does not apply to public entities.
Where Sexual Abuse Cases Are Filed in San Bernardino County
The San Bernardino County Superior Court hears civil sexual abuse cases arising in Rancho Cucamonga. Its courthouse in Rancho Cucamonga is at 8303 Haven Avenue, Rancho Cucamonga, CA 91730. The Ontario sexual abuse lawyer page covers that nearby city specifically.
Most sexual abuse lawsuits are unlimited civil cases, the category for claims over $35,000. Depending on how the court assigns a case, it may be heard at the Haven Avenue courthouse or at the San Bernardino Justice Center, 247 West Third Street, San Bernardino, CA 92415. More on the county seat appears on our San Bernardino sexual abuse lawyer page.
Current courthouse locations, hours and filing information are published by the California courts and by the San Bernardino County Superior Court.
Ordinarily, a claim against a local public entity, such as a public school district, must first be presented to that entity before suit. Childhood sexual abuse claims under section 340.1 are exempt from that requirement, and a local entity cannot substitute its own claim procedure. Claims against the State of California follow different rules.