Motion for finding of entitlement to compensation (habeas granted or judgment vacated, then dismissal or acquittal): DA written objection within 15 days
15 days after date the person filed the motion under 1485.55(d), under Cal. Pen. Code 1485.55(d)(1).
Rule text
The court shall grant the motion unless the district attorney objects in writing within 15 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. ... The district attorney may request a single 30-day extension of time upon a showing of good cause.
Calculate this deadline
- Trigger (Date the person filed the motion under 1485.55(d)): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 23, 2026 (Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)).
Cal. Pen. Code 1485.55(d)(1)
The court shall grant the motion unless the district attorney objects in writing within 15 days from when the person files the motion and can establish by clear and convincing evidence that the person committed the acts constituting the offense and is therefore not entitled to compensation. ... The district attorney may request a single 30-day extension of time upon a showing of good cause.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." 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 6804: "“Month” means a calendar month, unless otherwise expressed." Gov. Code 6806: "A day is the period of time between any midnight and the midnight following." 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."Official source
- One 30-day good-cause extension available; longer only by stipulation.
- 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 person filed the motion under 1485.55(d) on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the person filed the motion under 1485.55(d)): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
Notes
One 30-day good-cause extension available; longer only by stipulation.
Related deadlines
- Dismissal for misdemeanor without probation or infraction (Pen. Code 1203.4a): earliest petition (1 year after judgment) (12 months after)
- Dismissal after 1170(h) county jail sentence, split sentence (1170(h)(5)(B)): earliest relief 1 year after completion (12 months after)
- Dismissal after 1170(h) county jail sentence, straight term (1170(h)(5)(A)): earliest relief 2 years after completion (24 months after)
- Dismissal for pre-realignment prison sentence that would now be a 1170(h) sentence (Pen. Code 1203.42): earliest relief 2 years after completion (24 months after)
- Dismissal for fire camp / firefighter program participants (Pen. Code 1203.4b): 15 days’ notice to prosecutor (15 days after)
- Automatic conviction relief (Pen. Code 1203.425): prosecutor or probation petition to prohibit relief, no later than 90 calendar days before eligibility (90 days before)
- Automatic conviction relief: hearing on prosecutor or probation petition within 45 days after filing (45 days after)
- Military-related trauma resentencing petition (Pen. Code 1170.91(b)): hearing not less than 15 days after notice (15 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.