Board must act on claim (deemed rejected if no action)
45 days after date the claim (or amended claim) was presented, under Cal. Gov. Code 912.4(a), (c).
Rule text
(a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is amended, the board shall act on the amended claim within 45 days after the amended claim is presented. (c) If the board fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim.
Calculate this deadline
- Trigger (Date the claim (or amended claim) was presented): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Cal. Gov. Code 912.4(a), (c)
(a) The board shall act on a claim in the manner provided in Section 912.6, 912.7, or 912.8 within 45 days after the claim has been presented. If a claim is amended, the board shall act on the amended claim within 45 days after the amended claim is presented. (c) If the board fails or refuses to act on a claim within the time prescribed by this section, the claim shall be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim.Official source
Cal. Gov. Code 6800, 6804; Cal. Code Civ. Proc. 12, 12a, 12b, 17(b)(4); Gov. Code 6707 (state agencies)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."Official source
- Suit may not be filed until the claim is acted on or deemed rejected (945.4). The period may be extended by written agreement before it expires, or after it expires if suit has not been commenced and is not yet barred (912.4(b)); the engine cannot know of an agreement. AMBIGUITY: whether a 45th day falling on a weekend or holiday rolls forward for the deemed-rejection date; CCP 12a addresses acts to be done, not deemed events.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the claim (or amended claim) was presented on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date the claim (or amended claim) was presented): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Unsettled points
- The calculator shows deemed rejection on the unrolled day 45, as the Supreme Court did in J.M., so the six-month suit period starts on the earlier date.Other reading: If deemed rejection rolled to the next court day, the suit deadline would be one to three days later.
Notes
Suit may not be filed until the claim is acted on or deemed rejected (945.4). The period may be extended by written agreement before it expires, or after it expires if suit has not been commenced and is not yet barred (912.4(b)); the engine cannot know of an agreement. AMBIGUITY: whether a 45th day falling on a weekend or holiday rolls forward for the deemed-rejection date; CCP 12a addresses acts to be done, not deemed events.
Related deadlines
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.