FEHA civil action: file within 1 year of the CRD right-to-sue notice
12 months after date of the crd right-to-sue notice, under Cal. Gov. Code 12965(c)(1)(D).
Rule text
(D) The notices specified in subparagraphs (A), (B), and (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.
Calculate this deadline
- Trigger (Date of the CRD right-to-sue notice): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Cal. Gov. Code 12965(c)(1)(D)
(D) The notices specified in subparagraphs (A), (B), and (C) shall indicate that the person claiming to be aggrieved may bring a civil action under this part against the person, employer, labor organization, or employment agency named in the verified complaint within one year from the date of that notice.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
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." 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." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- CITATION UPDATE: after SB 477 (eff. Jan. 1, 2026) the one-year period is in 12965(c)(1)(D), not (c)(1)(C) (which now covers related/group complaints). Runs from the DATE of the notice, not receipt; CCP 1013 mail extension not stated (none). Tolling when a charge is dual-filed with the EEOC: 12965(e) (CRD defers to EEOC and issues a right-to-sue on deferral) and 12965(f) (EEOC defers to CRD and then performs substantial weight review or its own investigation): the time 'expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later' (not modeled; requires the EEOC notice date). Tolling of the CRD's own deadlines under 12965(c)(1)(F) does not extend this one-year period.
- 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 of the CRD right-to-sue notice on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date of the CRD right-to-sue notice): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
CITATION UPDATE: after SB 477 (eff. Jan. 1, 2026) the one-year period is in 12965(c)(1)(D), not (c)(1)(C) (which now covers related/group complaints). Runs from the DATE of the notice, not receipt; CCP 1013 mail extension not stated (none). Tolling when a charge is dual-filed with the EEOC: 12965(e) (CRD defers to EEOC and issues a right-to-sue on deferral) and 12965(f) (EEOC defers to CRD and then performs substantial weight review or its own investigation): the time 'expires when the federal right-to-sue period to commence a civil action expires, or one year from the date of the right-to-sue notice by the department, whichever is later' (not modeled; requires the EEOC notice date). Tolling of the CRD's own deadlines under 12965(c)(1)(F) does not extend this one-year period.
Related deadlines
- FEHA employment complaint: file with the Civil Rights Department (3 years) (36 months after)
- FEHA complaint: extension to 1 year after the aggrieved person turns 18 (12 months after)
- CRD 150-day mark: right-to-sue notice available on request if CRD has not sued (150 days after)
- CRD must issue right-to-sue notice no later than 1 year after complaint (12 months after)
- CRD's own civil action (individual complaint): within 1 year after complaint filed (12 months after)
- CRD's own civil action on group/class or Ralph Act complaint: within 2 years (24 months after)
- EEOC charge (Title VII): 300 days in a deferral state such as California (300 days after)
- EEOC charge (Title VII): 30 days after notice that state proceedings terminated (if earlier than 300 days) (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.