Calculating Days when giving notice


This is a topic that is always cause disagreements, either on leases or purchase agreements everyone has a different idea on how the days should be counted. The text below will clarify any doubts.

How to count days for purposes of giving notice was enacted in 1872 as Civil Code §10. It provides that 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. Sundays. Holidays are defined to include Sundays: “Holidays within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government Code of the State of California.” (Civ. Code §7.)
Holidays. Government Code §6700 (effective 1-1-16) defines holidays as:
Every Sunday
January 1st
The third Monday in January, known as “Dr. Martin Luther King, Jr. Day”
February 12th, known as “Lincoln Day”
The third Monday in February
Good Friday from 12 noon until 3 p.m
March 31st, known as “Cesar Chavez Day”
The last Monday in May
July 4th
The first Monday in September
September 9th, known as “Admission Day”
The fourth Friday in September, known as “Native American Day”
The second Monday in October, known as “Columbus Day”
November 11th, known as “Veterans Day”
December 25th
Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday
Summary. When giving a 10-day notice of a disciplinary hearing, count calendar days, excluding the first day. If the last day of the notice period falls on a Sunday or a holiday, extend the time to the next non-holiday.


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