Legal Question in Civil Litigation in California

Actually it is a legislative intent analysis. Often the legislature will specify whether a change is retroactive; other times you have to look at the legislative history. Statutes of limitations being creatures of statute, not common law, the intent of the legislature is controlling.

I wrote an article about this several years ago. If the original statute of limitations has not expired, the new statute of limitations will govern the claim. If the original statute of limitations had already expired, then the new statute of limitations will not apply unless the Legislature expressly provides for revival.

If you send me a private e-mail, I can send you a PDF of the article which explains it.

Both above answers are correct. If the original statute of limitations has passed so as to bar the claim, you would have to prove that the new statute is intended to revive the barred claim. Often the statute will say whether it is intended to have that effect or not.

If the time to charge a particular crime has not expired when the state enacts a longer limitations period, then the longer period applies. If the time to charge has expired, then the longer period will apply if and only if the legislature intends the new limitations period to be retroactive.