§ 5015 Notice Timing Rules

Key Takeaways

•If a law says a notice was 'given' or 'sent,' it usually means the time it was mailed, handed over, or sent electronically.
•For mailed notices, it counts when you drop it in the mailbox with the right postage.
•For other written notices (like fax or email), it counts when you hand it to the person, give it to a delivery service, or send it electronically.
•For phone or voice messages, it counts when you tell the person directly or leave a message they can hear.

Example

You mail a letter to your landlord to tell them you're moving out.

The notice is considered 'given' as soon as you drop the letter in the mailbox with a stamp. Even if the landlord gets it later, the law says you did your part when you mailed it.

Any reference in this part, Part 2 (commencing with Section 5110), Part 3 (commencing with Section 7110), Part 4 (commencing with Section 9110), or Part 5 (commencing with Section 9910) to the time a notice is given or sent means, unless otherwise expressly provided, (a) the time a written notice by mail is deposited in the United States mails, postage prepaid; or (b) the time any other written notice, including facsimile, telegram, or other electronic mail message, is personally delivered to the recipient or is delivered to a common carrier for transmission, or actually transmitted by the person giving the notice by electronic means, to the recipient; or (c) the time any oral notice is communicated, in person or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, or wireless, to the recipient, including the recipient’s designated voice mailbox or address on such a system, or to a person at the office of the recipient who the person giving the notice has reason to believe will promptly communicate it to the recipient. (Amended by Stats. 1995, Ch. 154, Sec. 10. Effective January 1, 1996.)

Key Takeaways

•If a law says a notice was 'given' or 'sent,' it usually means the time it was mailed, handed over, or sent electronically.
•For mailed notices, it counts when you drop it in the mailbox with the right postage.
•For other written notices (like fax or email), it counts when you hand it to the person, give it to a delivery service, or send it electronically.
•For phone or voice messages, it counts when you tell the person directly or leave a message they can hear.

Example

You mail a letter to your landlord to tell them you're moving out.

The notice is considered 'given' as soon as you drop the letter in the mailbox with a stamp. Even if the landlord gets it later, the law says you did your part when you mailed it.

Key Takeaways

Example

Key Terms

References

§ 5015 Notice Timing Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References