PAGA early evaluation: plaintiff's confidential statement, no more than 21 days after service of employer's cure plan

21 days after date the employer's proposed cure plan was served on plaintiff, under Cal. Lab. Code 2699.3(f)(3)(E).

Rule text

(E) Directs the plaintiff to submit to the neutral evaluator and serve on the defendant no more than 21 days after service of defendant’s proposed cure plan, a confidential statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following:

Cal. Lab. Code 2699.3(f)(3)(E), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Date the employer's proposed cure plan was served on plaintiff): Friday, November 6, 2026.
  2. Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
  3. That day is a Day after Thanksgiving, so the deadline moves to the next court day: Monday, November 30, 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)).
Rules applied
Cal. Lab. Code 2699.3(f)(3)(E)
(E) Directs the plaintiff to submit to the neutral evaluator and serve on the defendant no more than 21 days after service of defendant’s proposed cure plan, a confidential statement that includes, to the extent reasonably known, for use solely for the purpose of the early evaluation conference, all of the following:
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
  • Service-triggered period in a pending action, so CCP 1013 / 1010.6 extensions presumptively apply (not stated in 2699.3; AMBIGUITY, the court's order may fix a 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 employer's proposed cure plan was served on plaintiff on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date the employer's proposed cure plan was served on plaintiff): Monday, March 15, 2027.
  2. Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.

Notes

Service-triggered period in a pending action, so CCP 1013 / 1010.6 extensions presumptively apply (not stated in 2699.3; AMBIGUITY, the court's order may fix a date).

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.