Prop 65: earliest date to commence a private enforcement action (more than 60 days after 60-day notice)
61 days after date the 60-day notice of violation (with certificate of merit for 25249.6 claims) was given to the attorney general, local prosecutor(s), and the alleged violator, under Cal. Health & Saf. Code 25249.7(d)(1), (d)(2).
Rule text
(d) Actions pursuant to this section may be brought by a person in the public interest if both of the following requirements are met: (1) The private action is commenced more than 60 days from the date that the person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject of the private action to the Attorney General and the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a certificate of merit executed by the attorney for the noticing party ... (2) Neither the Attorney General, a district attorney, a city attorney, nor a prosecutor has commenced and is diligently prosecuting an action against the violation.
Cal. Health & Saf. Code 25249.7(d)(1), (d)(2), official source
Calculate this deadline
- Trigger (Date the 60-day notice of violation (with certificate of merit for 25249.6 claims) was given to the Attorney General, local prosecutor(s), and the alleged violator): Friday, November 6, 2026.
- Exclude the trigger day and count 61 calendar days: Wednesday, January 6, 2027.
Cal. Health & Saf. Code 25249.7(d)(1), (d)(2)
(d) Actions pursuant to this section may be brought by a person in the public interest if both of the following requirements are met: (1) The private action is commenced more than 60 days from the date that the person has given notice of an alleged violation of Section 25249.5 or 25249.6 that is the subject of the private action to the Attorney General and the district attorney, city attorney, or prosecutor in whose jurisdiction the violation is alleged to have occurred, and to the alleged violator. If the notice alleges a violation of Section 25249.6, the notice of the alleged violation shall include a certificate of merit executed by the attorney for the noticing party ... (2) Neither the Attorney General, a district attorney, a city attorney, nor a prosecutor has commenced and is diligently prosecuting an action against the violation.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
- 'More than 60 days' means filing on day 60 is premature; the computed date is day 61 (earliest permissible). Roll 'none': if day 61 falls on a weekend/holiday the next court day is simply the first available filing day. The certificate of merit must accompany the notice itself (not filed later); factual basis attached to the AG copy. If notice dates differ among recipients, use the LATEST. Service-method rules for the notice are in the AG's Prop 65 regulations (Cal. Code Regs., tit. 11), which were not fetched; check whether mailed notices extend the period before relying on this date. Filing also requires notice to the AG that the action was filed (25249.7(e)(2); no day count).
- 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 60-day notice of violation (with certificate of merit for 25249.6 claims) was given to the Attorney General, local prosecutor(s), and the alleged violator on Monday, March 15, 2027, personal service: due Saturday, May 15, 2027.
- Trigger (Date the 60-day notice of violation (with certificate of merit for 25249.6 claims) was given to the Attorney General, local prosecutor(s), and the alleged violator): Monday, March 15, 2027.
- Exclude the trigger day and count 61 calendar days: Saturday, May 15, 2027.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, May 15, 2027.
Notes
'More than 60 days' means filing on day 60 is premature; the computed date is day 61 (earliest permissible). Roll 'none': if day 61 falls on a weekend/holiday the next court day is simply the first available filing day. The certificate of merit must accompany the notice itself (not filed later); factual basis attached to the AG copy. If notice dates differ among recipients, use the LATEST. Service-method rules for the notice are in the AG's Prop 65 regulations (Cal. Code Regs., tit. 11), which were not fetched; check whether mailed notices extend the period before relying on this date. Filing also requires notice to the AG that the action was filed (25249.7(e)(2); no day count).
Related deadlines
- Prop 65: alleged violator's special compliance (correct, agree to pay penalty, notify) within 14 days after service of notice (14 days after)
- Prop 65: alleged violator delivers special-compliance civil penalty within 30 days of service of notice (30 days after)
- Prop 65: noticing party remits Fund share of special-compliance penalty within 30 days of receipt (30 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.