CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice)

30 days after service (mailing) of edd's notice of determination or reconsidered determination, under Unemp. Ins. Code 1328(a).

Rule text

The claimant and the employer may appeal from a determination or reconsidered determination to an administrative law judge within 30 days from service of notice of the determination or reconsidered determination. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.

Unemp. Ins. Code 1328(a), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Service (mailing) of EDD's notice of determination or reconsidered determination): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Rules applied
Unemp. Ins. Code 1328(a)
The claimant and the employer may appeal from a determination or reconsidered determination to an administrative law judge within 30 days from service of notice of the determination or reconsidered determination. The 30-day period may be extended for good cause, which shall include, but not be limited to, mistake, inadvertence, surprise, or excusable neglect.
Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "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." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."
Official source
  • Amended by SB 191 (Stats. 2022, ch. 67) from 20 to 30 days. No mail extension: under the CUIAB rules a document is served and filed on the date it is SENT (22 CCR 5000 'Serve', 'Filing'; OCR text), so enter the mailing date on the notice. Good-cause extension is discretionary, not modeled. Holiday roll under 22 CCR 5000 uses CCP 12a judicial holidays.
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Service (mailing) of EDD's notice of determination or reconsidered determination on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Service (mailing) of EDD's notice of determination or reconsidered determination): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Amended by SB 191 (Stats. 2022, ch. 67) from 20 to 30 days. No mail extension: under the CUIAB rules a document is served and filed on the date it is SENT (22 CCR 5000 'Serve', 'Filing'; OCR text), so enter the mailing date on the notice. Good-cause extension is discretionary, not modeled. Holiday roll under 22 CCR 5000 uses CCP 12a judicial holidays.

Related deadlines

All California agencies deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.