Medical malpractice: limitations extended 90 days from service of notice served in the last 90 days

90 days after date the ccp 340.5 limitations period would otherwise expire (use only if the ccp 364 notice was served within the last 90 days of that period), under Cal. Code Civ. Proc. 364(d).

Rule text

(d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice.

Cal. Code Civ. Proc. 364(d), official source

Calculate this deadline

Deadline
Thursday, February 4, 2027
  1. Trigger (Date the CCP 340.5 limitations period would otherwise expire (use only if the CCP 364 notice was served within the last 90 days of that period)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Rules applied
Cal. Code Civ. Proc. 364(d)
(d) If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the 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
  • Literal text: 90 days from service. AMBIGUITY (case law not verified here): the California Supreme Court (Woods v. Young (1991) 53 Cal.3d 315) construed 364(d) as tolling the limitations period for 90 days, which can yield a later date (original expiration plus 90 days) than the literal text. This rule uses the literal, earlier date. Applies to the CCP 340.5 periods (1-year and 3-year). Woods v. Young (1991) 53 Cal.3d 315, 325: 364(d) tolls the limitations period for 90 days, giving 1 year and 90 days. Safe harbor: 90 days from service (earlier). [Validation 2026-11, Q0272. Authority: Cal. Code Civ. Proc. 364(d); Woods v. Young (1991) 53 Cal.3d 315, 325; Woods v. Young (1991) 53 Cal.3d 315, 328]
  • 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.
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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 340.5 limitations period would otherwise expire (use only if the CCP 364 notice was served within the last 90 days of that period) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.

  1. Trigger (Date the CCP 340.5 limitations period would otherwise expire (use only if the CCP 364 notice was served within the last 90 days of that period)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 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)).

Notes

Literal text: 90 days from service. AMBIGUITY (case law not verified here): the California Supreme Court (Woods v. Young (1991) 53 Cal.3d 315) construed 364(d) as tolling the limitations period for 90 days, which can yield a later date (original expiration plus 90 days) than the literal text. This rule uses the literal, earlier date. Applies to the CCP 340.5 periods (1-year and 3-year). Woods v. Young (1991) 53 Cal.3d 315, 325: 364(d) tolls the limitations period for 90 days, giving 1 year and 90 days. Safe harbor: 90 days from service (earlier). [Validation 2026-11, Q0272. Authority: Cal. Code Civ. Proc. 364(d); Woods v. Young (1991) 53 Cal.3d 315, 325; Woods v. Young (1991) 53 Cal.3d 315, 328]

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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.