Payment after affirmance of money judgment stayed by undertaking: 30 days after remittitur filed
30 days after date the remittitur from the reviewing court was filed in the trial court, under Cal. Code Civ. Proc. 917.1(b).
Rule text
The liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court.
Calculate this deadline
- Trigger (Date the remittitur from the reviewing court was FILED in the trial court): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Cal. Code Civ. Proc. 917.1(b)
The liability on the undertaking may be enforced if the party ordered to pay does not make the payment within 30 days after the filing of the remittitur from the reviewing court.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
- After this date the judgment creditor may enforce liability on the undertaking against the surety. Undertaking amount: double the judgment, or 1.5 times if given by an admitted surety insurer (917.1(b)). There is NO statutory deadline to post a 917.1 undertaking; the stay simply does not arise until it is given (see not_modeled). Statute amended eff. Jan. 1, 1994.
- 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 the remittitur from the reviewing court was FILED in the trial court on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the remittitur from the reviewing court was FILED in the trial court): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
After this date the judgment creditor may enforce liability on the undertaking against the surety. Undertaking amount: double the judgment, or 1.5 times if given by an admitted surety insurer (917.1(b)). There is NO statutory deadline to post a 917.1 undertaking; the stay simply does not arise until it is given (see not_modeled). Statute amended eff. Jan. 1, 1994.
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 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)
- Automatic stay of order allowing removal of child from California: 30 days from entry (non-juvenile court) (30 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.