Late claim application: injured person was a minor (or incapacitated) during part of the claim period
6 months after date the person turned 18 (or ceased to be physically or mentally incapacitated), under Cal. Gov. Code 911.6(b)(3), (5) (amended eff. Jan. 1, 2022, SB 501).
Rule text
(3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.
Cal. Gov. Code 911.6(b)(3), (5) (amended eff. Jan. 1, 2022, SB 501), official source
Calculate this deadline
- Trigger (Date the person turned 18 (or ceased to be physically or mentally incapacitated)): Friday, November 6, 2026.
- Add 6 months: Thursday, May 6, 2027.
Cal. Gov. Code 911.6(b)(3), (5) (amended eff. Jan. 1, 2022, SB 501)
(3) The person who sustained the alleged injury, damage, or loss was a minor during any of the time specified in Section 911.2 for the presentation of the claim, provided the application is presented within six months of the person turning 18 years of age or a year after the claim accrues, whichever occurs first.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
- 'Whichever occurs first': compute both this date and gc_late_claim_application (1 year after accrual) and use the EARLIER. (5) applies the same structure to physical or mental incapacity. Mandatory-grant ground only; other 911.6(b) grounds (excusable neglect, etc.) use the 911.4 one-year limit. Months-based period (Gov. Code 6804, CCP 17(b)(4): 'Month' means a calendar month, unless otherwise expressed). Convention applied: the period ends on the same-numbered day of the later month; if that month has no such day (e.g., Aug. 31 plus 6 months), the last day of that month. California statutes do not state the no-corresponding-day rule; AMBIGUITY, verify for end-of-month triggers. Last day on a Saturday, Sunday, or holiday rolls forward under CCP 12a.
- 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 person turned 18 (or ceased to be physically or mentally incapacitated) on Monday, March 15, 2027, personal service: due Wednesday, September 15, 2027.
- Trigger (Date the person turned 18 (or ceased to be physically or mentally incapacitated)): Monday, March 15, 2027.
- Add 6 months: Wednesday, September 15, 2027.
Notes
'Whichever occurs first': compute both this date and gc_late_claim_application (1 year after accrual) and use the EARLIER. (5) applies the same structure to physical or mental incapacity. Mandatory-grant ground only; other 911.6(b) grounds (excusable neglect, etc.) use the 911.4 one-year limit. Months-based period (Gov. Code 6804, CCP 17(b)(4): 'Month' means a calendar month, unless otherwise expressed). Convention applied: the period ends on the same-numbered day of the later month; if that month has no such day (e.g., Aug. 31 plus 6 months), the last day of that month. California statutes do not state the no-corresponding-day rule; AMBIGUITY, verify for end-of-month triggers. Last day on a Saturday, Sunday, or holiday rolls forward under CCP 12a.
Related deadlines
- Application for leave to present late claim (6-month claims only) (12 months after)
- Board must grant or deny late-claim application (deemed denied if no action) (45 days 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.