Medical malpractice: earliest filing, 90 days after service of notice of intent to sue (CCP 364)
90 days after date the ccp 364 notice of intention to commence the action was served on the health care provider, under Cal. Code Civ. Proc. 364(a), (c).
Rule text
(a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action. ... (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.
Calculate this deadline
- Trigger (Date the CCP 364 notice of intention to commence the action was served on the health care provider): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Cal. Code Civ. Proc. 364(a), (c)
(a) No action based upon the health care provider’s professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action. ... (c) The notice may be served in the manner prescribed in Chapter 5 (commencing with Section 1010) of Title 14 of Part 2.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
- 'At least 90 days' prior notice': the computed date is the earliest day the action may be filed (conservatively, file the day after the computed date). Roll 'none' because this is an earliest date. AMBIGUITY: whether CCP 1013's 5-day mail extension lengthens the 90-day notice period when the notice is mailed is not resolved by the statute; do NOT add it if the limitations period is about to expire, because the 364(d) extended deadline also runs 90 days from service. Does not apply to Doe defendants (364(e)). Statutory last amendment 1975.
- 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 CCP 364 notice of intention to commence the action was served on the health care provider on Monday, March 15, 2027, personal service: due Sunday, June 13, 2027.
- Trigger (Date the CCP 364 notice of intention to commence the action was served on the health care provider): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, June 13, 2027.
Notes
'At least 90 days' prior notice': the computed date is the earliest day the action may be filed (conservatively, file the day after the computed date). Roll 'none' because this is an earliest date. AMBIGUITY: whether CCP 1013's 5-day mail extension lengthens the 90-day notice period when the notice is mailed is not resolved by the statute; do NOT add it if the limitations period is about to expire, because the 364(d) extended deadline also runs 90 days from service. Does not apply to Doe defendants (364(e)). Statutory last amendment 1975.
Related deadlines
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.