Property tax refund (Rev. & Tax. Code 5141(b)): earliest date claimant may treat claim as rejected and sue if no notice of action mailed (6 months after filing)
6 months after date the claim for refund was filed, under Cal. Rev. & Tax. Code 5141(b).
Rule text
(b) Except as provided in subdivision (c), if the board of supervisors or city council fails to mail notice of its action on a claim for refund within six months after the claim is filed, the claimant may, prior to mailing of notice by the board of supervisors or city council of its action on the claim, consider the claim rejected and bring an action under this article.
Calculate this deadline
- Trigger (Date the claim for refund was filed): Friday, November 6, 2026.
- Add 6 months: Thursday, May 6, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Friday, May 7, 2027.
Cal. Rev. & Tax. Code 5141(b)
(b) Except as provided in subdivision (c), if the board of supervisors or city council fails to mail notice of its action on a claim for refund within six months after the claim is filed, the claimant may, prior to mailing of notice by the board of supervisors or city council of its action on the claim, consider the claim rejected and bring an action under this article.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
- Optional: the claimant MAY treat the claim as rejected after 6 months (earliest date, roll none), but only until the board mails notice of its action. AMBIGUITY: whether the 5141(a) six-month limitation runs from this deemed rejection; the text does not say, and the conservative approach is to sue within 6 months of this date or promptly after any actual rejection.
- 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 claim for refund was filed on Monday, March 15, 2027, personal service: due Thursday, September 16, 2027.
- Trigger (Date the claim for refund was filed): Monday, March 15, 2027.
- Add 6 months: Wednesday, September 15, 2027.
- The period includes its last day, so the earliest day to act is the next court day: Thursday, September 16, 2027.
Notes
Optional: the claimant MAY treat the claim as rejected after 6 months (earliest date, roll none), but only until the board mails notice of its action. AMBIGUITY: whether the 5141(a) six-month limitation runs from this deemed rejection; the text does not say, and the conservative approach is to sue within 6 months of this date or promptly after any actual rejection.
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.