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United States · California Code of Civil Procedure

How does California medical presuit notice affect limitations?

CCP 364(d) applies to notice served within the final 90 days of the applicable limitation. Its tolling operation cannot be replaced by a notice-date addition.

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Read why no date is calculated
Period
The preset lacks the untolled limitation, qualifying-window and remaining-time inputs, and incorrectly substitutes a simple ninety-day notice-date addition. No computed or paid final filing date is published.
Trigger
The applicable untolled limitation and effective presuit-notice service
Rule
CCP 364(d)
CCP 364(d)

Official current section reviewed. (Amended by Stats. 1975, 2nd Ex. Sess., Ch. 2.)

Source guide · No automated date

How does California medical presuit notice affect limitations?

The preset lacks the untolled limitation, qualifying-window and remaining-time inputs, and incorrectly substitutes a simple ninety-day notice-date addition. No computed or paid final filing date is published.

CCP 364(d)

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Which event starts this CCP 364(d) inquiry?

The applicable untolled limitation and effective presuit-notice service

CACI 555’s discussion of Woods explains that timely qualifying notice stops the limitation clock for ninety days, preserving the relevant remaining time.

Responsible actor. The prospective claimant invoking qualifying presuit-notice tolling. Establish the applicable limitation, injury and discovery branches, effective notice service and whether that service falls within the final ninety days. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 364(d)

Which comparisons must be resolved before counting?

  1. The applicable untolled limitation and effective presuit-notice service
  2. CACI 555’s discussion of Woods explains that timely qualifying notice stops the limitation clock for ninety days, preserving the relevant remaining time.
  3. Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
  4. Resolve eligibility and the suspended limitation time before naming a filing boundary. Preserve the notice, service, untolled period and all competing limitations.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What distinguishes the statutory branches?

Assume two claimants serve notice on the same date but have different amounts of limitation time remaining. Tolling preserves that distinction rather than producing one shared notice-plus-ninety boundary.

The preset lacks the untolled limitation, qualifying-window and remaining-time inputs, and incorrectly substitutes a simple ninety-day notice-date addition. No computed or paid final filing date is published.

Which qualifications change this procedure?

Qualifying timing
The condition requires notice during the final ninety days. Notice before that window does not automatically obtain the described limitation tolling.
Three-year limb
CACI 556’s discussion of Russell applies the qualifying notice-tolling analysis to the three-year limb. It does not eliminate the earlier-period comparison.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 364(d)
  • Establish the applicable limitation, injury and discovery branches, effective notice service and whether that service falls within the final ninety days. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The preset lacks the untolled limitation, qualifying-window and remaining-time inputs, and incorrectly substitutes a simple ninety-day notice-date addition. No computed or paid final filing date is published.

Which acts and evidence must be preserved?

Questions about CCP 364(d)

How does California medical presuit notice affect limitations?

Do I always add ninety days to notice service?

No. The authoritative discussion treats this as suspension of the limitation clock, with the applicable remaining time relevant.

CACI 555 (2026), Sources and Authority

Does notice served more than ninety days before expiry automatically toll?

No. The discussed condition is service during the final ninety days.

CACI 555 (2026), Sources and Authority

Can the three-year injury limb also matter?

Yes. CACI 556 discusses qualifying notice tolling for that limb; compare both applicable periods.

CACI 556 (2026), Sources and Authority

Official California sources and edition review

Provisions used (13)
Provisions used in this guide
ProvisionPurpose
CCP 364(d)The particular actor, event, period and required act
CACI 555 (2026), Sources and AuthorityThe separately identified counting, filing, holiday or procedural qualification
CACI 556 (2026), Sources and AuthorityThe separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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