Labor Commissioner: de novo appeal of order, decision or award to superior court (10 days after service, plus CCP 1013)
10 days after service of notice of the labor commissioner's order, decision, or award (oda), under Lab. Code 98.2(a), (d); CCP 1013.
Rule text
Lab. Code 98.2(a): "Within 10 days after service of notice of an order, decision, or award, the parties may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. ... A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable." 98.2(d): "If no notice of appeal of the order, decision, or award is filed within the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order." CCP 1013(a): "shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program ... and 20 calendar days if either the place of mailing or the place of address is outside the United States"
Calculate this deadline
- Trigger (Service of notice of the Labor Commissioner's order, decision, or award (ODA)): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Lab. Code 98.2(a), (d); CCP 1013
Lab. Code 98.2(a): "Within 10 days after service of notice of an order, decision, or award, the parties may seek review by filing an appeal to the superior court, where the appeal shall be heard de novo. ... A copy of the appeal request shall be served upon the Labor Commissioner by the appellant. For purposes of computing the 10-day period after service, Section 1013 of the Code of Civil Procedure is applicable." 98.2(d): "If no notice of appeal of the order, decision, or award is filed within the period set forth in subdivision (a), the order, decision, or award shall, in the absence of fraud, be deemed the final order." CCP 1013(a): "shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program ... and 20 calendar days if either the place of mailing or the place of address is outside the United States"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
- Jurisdictional. Filed in SUPERIOR COURT: CCP 12a and the judicial holiday calendar govern the last-day roll (not the agency list). The ODA is served personally, by first-class mail, or by substituted service under CCP 415.20 (Lab. Code 98.1(a)); the effect of 415.20 substituted service on the start date is not addressed (AMBIGUITY). 98.2(a) incorporates only CCP 1013, so no CCP 1010.6 electronic extension is modeled. An employer must post the undertaking as a condition of filing (dlse_employer_undertaking). Unsuccessful appellant pays the other side's fees (98.2(c)).
- 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 of notice of the Labor Commissioner's order, decision, or award (ODA) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Service of notice of the Labor Commissioner's order, decision, or award (ODA)): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Unsettled points
- The calculator gives no electronic-service extension to the 10-day ODA appeal period; only the CCP 1013 mail and overnight add-ons named by Lab. Code 98.2(a) apply.Other reading: If CCP 1010.6 applied, an emailed ODA would add 2 court days.
Notes
Jurisdictional. Filed in SUPERIOR COURT: CCP 12a and the judicial holiday calendar govern the last-day roll (not the agency list). The ODA is served personally, by first-class mail, or by substituted service under CCP 415.20 (Lab. Code 98.1(a)); the effect of 415.20 substituted service on the start date is not addressed (AMBIGUITY). 98.2(a) incorporates only CCP 1013, so no CCP 1010.6 electronic extension is modeled. An employer must post the undertaking as a condition of filing (dlse_employer_undertaking). Unsuccessful appellant pays the other side's fees (98.2(c)).
Related deadlines
- CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice) (30 days after)
- CUIAB: appeal EDD notice of overpayment to ALJ (30 days from mailing or service) (30 days after)
- CUIAB: employer petition for review or reassessment (30 days after service of notice of assessment) (30 days after)
- CUIAB: appeal ALJ decision to the Appeals Board (30 days after mailing of decision) (30 days after)
- SPB: answer/appeal of adverse action (30 calendar days after effective date of the action) (30 days after)
- PERB: statement of exceptions to Board agent's proposed decision (20 days after service) (20 days after)
- PERB: response to exceptions (and any cross-exceptions) (20 days after service of exceptions) (20 days after)
- PERB: response to cross-exceptions (20 days) (20 days after)
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.