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Sanguinetti v. Sanguinetti, 9 Cal. 2d 95, 69 P.2d 845, 111 A.L.R. 342 (1937) (an appeal was dismissed where 60th day after entry of judgment fell on Saturday, March 21, 1936, and the notice of appeal was filed on Monday, March 23, 1936, despite the fact that the year was leap year | Sanguinetti v. Sanguinetti, 9 Cal. 2d 95, 69 P.2d 845, 111 A.L.R. 342 (1937) (an appeal was dismissed where 60th day after entry of judgment fell on Saturday, March 21, 1936, and the notice of appeal was filed on Monday, March 23, 1936, despite the fact that the year was leap year | ||
==Code of Civil Procedure 12c== | |||
(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12. | |||
(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a). |
Revision as of 01:32, 1 April 2020
Time lengths
Year
"“Year” means a period of 365 days; “half year,” 182 days; “quarter of a year,” 91 days. The added day of a leap year, and the day immediately preceding, if they occur in any such period, shall be reckoned together as one day." (Gov. Code, § 8603.)
Embezzlement occurred on October 21, 1930. Indictment filed on October 20, 1933. Despite leap year, that was within the three-year statute of limitations. (People v. Hill (1934) 2 Cal.App.2d 141, 146.) October 21, 1930 to October 20, 1933 is exactly 1,905 days or 3x365 days. However, since 1932 was a Leap Year, February 28, 1932 and February 29, 1932, are considered one day, so only 1,904 days, or one day short of the statute of limitations had legally passed.
Month
"“Month” means a calendar month, unless otherwise expressed." (Gov. Code, § 8604.)
In re McNamara's Estate, 181 Cal. 82, 183 P. 552, 7 A.L.R. 313 (1919) ("month," in a former statute relating to presumption of legitimacy of children born within 10 months after dissolution of marriage, meant a period of 30 days).
Week
"A week consists of seven consecutive days." (Gov. Code, § 8605.)
Day
"A day is the period of time between any midnight and the midnight following." (Gov. Code § 8606.)
Sanguinetti v. Sanguinetti, 9 Cal. 2d 95, 69 P.2d 845, 111 A.L.R. 342 (1937) (an appeal was dismissed where 60th day after entry of judgment fell on Saturday, March 21, 1936, and the notice of appeal was filed on Monday, March 23, 1936, despite the fact that the year was leap year
Code of Civil Procedure 12c
(a) Where any law requires an act to be performed no later than a specified number of days before a hearing date, the last day to perform that act shall be determined by counting backward from the hearing date, excluding the day of the hearing as provided by Section 12.
(b) Any additional days added to the specified number of days because of a particular method of service shall be computed by counting backward from the day determined in accordance with subdivision (a).