Board must grant or deny late-claim application (deemed denied if no action)
45 days after date the late-claim application was presented, under Cal. Gov. Code 911.6(a), (c).
Rule text
(a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period. (c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.
Calculate this deadline
Deadline
Monday, December 21, 2026
- Trigger (Date the late-claim application was presented): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Rules applied
Cal. Gov. Code 911.6(a), (c)
(a) The board shall grant or deny the application within 45 days after it is presented to the board. The claimant and the board may extend the period within which the board is required to act on the application by written agreement made before the expiration of the period. (c) If the board fails or refuses to act on an application within the time prescribed by this section, the application shall be deemed to have been denied on the 45th day or, if the period within which the board is required to act is extended by agreement pursuant to this section, the last day of the period specified in the agreement.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
- Deemed denied on the 45th day by operation of law (Gov. Code 911.6(c)); no weekend or holiday roll. The deemed-denial date starts the 6-month 946.6 petition period. If granted, the claim is deemed presented on the day leave is granted (912.2) and the board then has 45 days to act (gc_board_action_after_leave_granted).
- 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 late-claim application was presented on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date the late-claim application 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
Deemed denied on the 45th day by operation of law (Gov. Code 911.6(c)); no weekend or holiday roll. The deemed-denial date starts the 6-month 946.6 petition period. If granted, the claim is deemed presented on the day leave is granted (912.2) and the board then has 45 days to act (gc_board_action_after_leave_granted).
Related deadlines
- Application for leave to present late claim (6-month claims only) (12 months after)
- Late claim application: injured person was a minor (or incapacitated) during part of the claim period (6 months after)
- Board must act on claim after leave to present late claim is granted (45 days after)
- Court petition for relief from claim requirement after late-claim application denied (6 months after)
- Serve 946.6 petition and notice of hearing on public entity (CCP 1005(b) timing) (16 court days before)
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.