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United States · California Code of Civil Procedure

How early must California medical presuit notice be given?

CCP 364(a) requires the health-care provider given at least 90 days’ notice before the identified professional-negligence action is commenced.

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Period
90 days for the disclosed component
Trigger
The proposed action commencement date after independent limitation review
Rule
CCP 364(a)
CCP 364(a)

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

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Which event starts this CCP 364(a) inquiry?

The proposed action commencement date after independent limitation review

Count the ordinary notice lead time backward from intended commencement. A desired filing date does not establish that the action is timely.

Responsible actor. The prospective claimant giving notice to the identified defendant. Use a qualifying professional-negligence claim, a proposed commencement date already checked against all applicable limitations, and the ordinary notice component. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.

CCP 364(a)

How is this particular California component counted?

  1. Use a qualifying professional-negligence claim, a proposed commencement date already checked against all applicable limitations, and the ordinary notice component. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.
  2. Exclude the established scheduled event and count backward 90 calendar days under CCP 12c. The displayed base boundary preserves the stated lead time. The preset applies no automatic adjustment when that boundary is closed; check the actual act and applicable holiday treatment before relying on it.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Give the identified defendant notice of the legal basis, type of loss and specific injuries using an authorized service method. Preserve actual service and the independent limitation review.

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 does an independently derived example show?

Fictitious example

Use a qualifying professional-negligence claim, a proposed commencement date already checked against all applicable limitations, and the ordinary notice component. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment. The disclosed component, effective personal or specified nonmail service and no changed order.

Example counting steps
StepWhat is countedDate
Established eventThe proposed action commencement date after independent limitation reviewAugust 2, 2027
Disclosed component boundary90 days for the disclosed componentMay 4, 2027
Example resultMay 4, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

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Which qualifications change this procedure?

Notice contents
No particular form is required, but subsection (b) requires the legal basis, type of loss and specific nature of injuries.
Unknown defendant
Subsection (e) excludes the specified defendant unknown at complaint filing and identified by a fictitious name under CCP 474.
Late-window notice
Subsection (d) concerns notice within ninety days of applicable limitation expiry. Its tolling operation requires the distinct comparison explained by CACI 555.
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(a)
  • Use a qualifying professional-negligence claim, a proposed commencement date already checked against all applicable limitations, and the ordinary notice component. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 364(a)

How early must California medical presuit notice be given?

Does this calculation establish my limitation deadline?

No. It computes the disclosed notice lead component from a proposed commencement date already reviewed separately.

CCP 364(a)

Must notice use one particular form?

No. The required legal basis, loss and injury details still must be supplied.

CCP 364(b)

Can I simply wait ninety days after every notice and assume suit is timely?

No. Establish the applicable limitation and whether notice qualifies for the distinct tolling process.

CCP 364(d)

Official California sources and edition review

Provisions used (16)
Provisions used in this guide
ProvisionPurpose
CCP 364(a)The particular actor, event, period and required act
CCP 364(b)The separately identified counting, filing, holiday or procedural qualification
CCP 364(e)The separately identified counting, filing, holiday or procedural qualification
CACI 555 (2026), Sources and AuthorityThe separately identified counting, filing, holiday or procedural qualification
CCP 364(a)The separately identified counting, filing, holiday or procedural qualification
CCP 364(d)The 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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