Appeal by attaching plaintiff: perfect appeal within 5 days after written notice of entry to keep attachment in force
5 days after date of written notice of entry of the order appealed from (order discharging or affecting the attachment), under Cal. Code Civ. Proc. 921.
Rule text
An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected.
Calculate this deadline
Deadline
Thursday, November 12, 2026
- Trigger (Date of written notice of entry of the order appealed from (order discharging or affecting the attachment)): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Rules applied
Cal. Code Civ. Proc. 921
An appeal by a party who has levied an attachment shall not continue in force the attachment, unless an undertaking is executed and filed on the part of the appellant that the appellant will pay all costs and damages which the respondent may sustain by reason of the attachment, in case the order of the court below is sustained in favor of the respondent; and unless, within five days after written notice of the entry of the order appealed from, the appeal is perfected.Official source
Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b
CRC 1.10(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, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." CRC 8.60(a): "The Code of Civil Procedure governs computing and extending the time to do any act required or permitted under these rules." CCP 12: "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." 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." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a."Official source
- Much shorter than the ordinary appeal period; it governs only whether the attachment continues, not appealability. CCP 1013(a) does not extend the time for a notice of appeal, so no mail extension is applied (conservative). The undertaking must also be executed and filed.
- 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
Date of written notice of entry of the order appealed from (order discharging or affecting the attachment) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date of written notice of entry of the order appealed from (order discharging or affecting the attachment)): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Notes
Much shorter than the ordinary appeal period; it governs only whether the attachment continues, not appealability. CCP 1013(a) does not extend the time for a notice of appeal, so no mail extension is applied (conservative). The undertaking must also be executed and filed.
Related deadlines
- Opposition to petition for writ of supersedeas: 15 days after petition filed (15 days after)
- Objection to appeal undertaking (stay bond): 10 days after service of copy of bond (10 days after)
- Hearing on objection to undertaking: not less than 2 days after service of notice of motion (2 days after)
- Hearing on objection to undertaking: not more than 5 days after service of notice of motion (5 days after)
- New sufficient undertaking after court finds bond insufficient: within 5 days (5 days after)
- Payment after affirmance of money judgment stayed by undertaking: 30 days after remittitur filed (30 days after)
- Payment on right-to-attach-order appeal undertaking: 30 days after judgment final (30 days after)
- Outer limit of trial court's discretionary stay (bond-type judgments) without consent: 10 days after last day to appeal (10 days after)
Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.