Court petition for relief from claim requirement after late-claim application denied
6 months after date the late-claim application was denied or deemed denied (911.6), under Cal. Gov. Code 946.6(b) (amended eff. Jan. 1, 2022, SB 501).
Rule text
The petition shall be filed within six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6.
Cal. Gov. Code 946.6(b) (amended eff. Jan. 1, 2022, SB 501), official source
Calculate this deadline
- Trigger (Date the late-claim application was denied or deemed denied (911.6)): Friday, November 6, 2026.
- Add 6 months: Thursday, May 6, 2027.
Cal. Gov. Code 946.6(b) (amended eff. Jan. 1, 2022, SB 501)
The petition shall be filed within six months after the application to the board is denied or deemed to be denied pursuant to Section 911.6.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
- Runs from the denial or deemed denial itself, not from notice of denial; Gov. Code 915.2(b) mail extension does not apply. File in a superior court that would be a proper court for trial; limited civil if the underlying action would be. The denial notice must carry the 911.8 warning. 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 late-claim application was denied or deemed denied (911.6) on Monday, March 15, 2027, personal service: due Wednesday, September 15, 2027.
- Trigger (Date the late-claim application was denied or deemed denied (911.6)): Monday, March 15, 2027.
- Add 6 months: Wednesday, September 15, 2027.
Notes
Runs from the denial or deemed denial itself, not from notice of denial; Gov. Code 915.2(b) mail extension does not apply. File in a superior court that would be a proper court for trial; limited civil if the underlying action would be. The denial notice must carry the 911.8 warning. 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)
- Late claim application: injured person was a minor (or incapacitated) during part of the claim period (6 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)
- 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.