Writ petition from order on summary judgment/adjudication motion (other than entry of summary judgment) (CCP 437c(m)(1)): 20 days after service of notice of entry

20 days after date written notice of entry of the order was served on the petitioning party, under Cal. Code Civ. Proc. 437c(m)(1).

Rule text

Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and before the expiration of the initial period, extend the time for one additional period not to exceed 10 days.

Cal. Code Civ. Proc. 437c(m)(1), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Date written notice of entry of the order was served on the petitioning party): Friday, November 6, 2026.
  2. Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
  3. That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).
Rules applied
Cal. Code Civ. Proc. 437c(m)(1)
Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and before the expiration of the initial period, extend the time for one additional period not to exceed 10 days.
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
  • Statute contains its own service add-ons (overrides below). Electronic service is not listed in 437c(m)(1); whether CCP 1010.6 +2 court days applies is unresolved (AMBIGUITY), conservatively 0. Superior court may extend once by up to 10 days before the initial period expires. A summary JUDGMENT is appealable, not reviewed under this subdivision. Section last amended eff. Jan. 1, 2025 (AB 2049).
  • 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.
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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 written notice of entry of the order was served on the petitioning party on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date written notice of entry of the order was served on the petitioning party): Monday, March 15, 2027.
  2. Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Cal. Rules of Court, rules 1.10, 8.60(a); Cal. Code Civ. Proc. 12, 12a, 12b).

Unsettled points

  • The calculator shows the 405.39 and 425.18 writ deadlines with no mail or e-service days, the earlier date; 437c(m) and 170.3(d) keep the mail days their own text grants.Other reading: If CCP 1013 and 1010.6 extend the 405.39 and 425.18 periods, those deadlines are 5 calendar or 2 court days later.

Notes

Statute contains its own service add-ons (overrides below). Electronic service is not listed in 437c(m)(1); whether CCP 1010.6 +2 court days applies is unresolved (AMBIGUITY), conservatively 0. Superior court may extend once by up to 10 days before the initial period expires. A summary JUDGMENT is appealable, not reviewed under this subdivision. Section last amended eff. Jan. 1, 2025 (AB 2049).

Related deadlines

All California appeals and writs deadlines

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.