PAGA: amend existing complaint as of right to add PAGA claim within 60 days after the notice periods

60 days after last day of the applicable 2699.3 notice/waiting period, under Cal. Lab. Code 2699.3(a)(2)(C).

Rule text

(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.

Cal. Lab. Code 2699.3(a)(2)(C), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Last day of the applicable 2699.3 notice/waiting period): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Lab. Code 2699.3(a)(2)(C)
(C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of action arising under this part at any time within 60 days of the time periods specified in this part.
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
  • Current statute (text unchanged by the 2024 reform). AMBIGUITY: start point undefined; modeled from the end of the waiting 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

Last day of the applicable 2699.3 notice/waiting period on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Last day of the applicable 2699.3 notice/waiting period): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Current statute (text unchanged by the 2024 reform). AMBIGUITY: start point undefined; modeled from the end of the waiting period.

Related deadlines

All California pre-suit, housing and employment 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.