Medical services arbitration agreement (CCP 1295): patient may rescind by written notice within 30 days of signature
30 days after date the medical services contract containing the arbitration provision was signed, under Cal. Code Civ. Proc. 1295(c).
Rule text
(c) Once signed, such a contract governs all subsequent open-book account transactions for medical services for which the contract was signed until or unless rescinded by written notice within 30 days of signature. Written notice of such rescission may be given by a guardian or conservator of the patient if the patient is incapacitated or a minor.
Calculate this deadline
- Trigger (Date the medical services contract containing the arbitration provision was signed): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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. Code Civ. Proc. 1295(c)
(c) Once signed, such a contract governs all subsequent open-book account transactions for medical services for which the contract was signed until or unless rescinded by written notice within 30 days of signature. Written notice of such rescission may be given by a guardian or conservator of the patient if the patient is incapacitated or a minor.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
- Not applicable to qualifying health care service plan contracts (1295(f)). Section amended by Stats. 2023, ch. 42 (AB 118), eff. July 10, 2023. AMBIGUITY: the statute does not say whether the notice must be sent or received within 30 days; conservative practice is to have it received by this date.
- 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 medical services contract containing the arbitration provision was signed on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the medical services contract containing the arbitration provision was signed): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Not applicable to qualifying health care service plan contracts (1295(f)). Section amended by Stats. 2023, ch. 42 (AB 118), eff. July 10, 2023. AMBIGUITY: the statute does not say whether the notice must be sent or received within 30 days; conservative practice is to have it received by this date.
Related deadlines
- Arbitration: proposed neutral arbitrator's written disclosures due 10 calendar days after service of notice of proposed nomination or appointment (10 days after)
- Arbitration: notice of disqualification of proposed neutral arbitrator, 15 calendar days after service of disclosure statement (15 days after)
- Arbitration: notice of disqualification when proposed neutral arbitrator fails to make timely disclosure, 15 calendar days after the failure (15 days after)
- Arbitration (default CAA rule): neutral arbitrator's notice of hearing served at least 7 days before hearing (7 days before)
- Arbitration (default CAA rule, over $50,000 on written notice): notice of hearing at least 60 days before hearing (60 days before)
- Arbitration (default CAA rule, 60-day notice cases): demand for exchange of witness and document lists within 15 days of receipt of hearing notice (15 days after)
- Arbitration (default CAA rule, 60-day notice cases): responding party's witness and document lists 15 days after the demand (15 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.