Request to cancel (set aside) VDOP (FL-280) with no prior action: earliest hearing date 31 days after filing
31 days after date the fl-280 request was filed, under Cal. Rules of Court, rule 5.350(c).
Rule text
Rule 5.350(c): "On receipt of the completed request for hearing, the clerk must assign a case number and schedule a court date. The court date must be no earlier than 31 days after the date of filing and no later than 45 days after the date of filing."
Calculate this deadline
- Trigger (Date the FL-280 request was filed): Friday, November 6, 2026.
- Exclude the trigger day and count 31 calendar days: Monday, December 7, 2026.
Cal. Rules of Court, rule 5.350(c)
Rule 5.350(c): "On receipt of the completed request for hearing, the clerk must assign a case number and schedule a court date. The court date must be no earlier than 31 days after the date of filing and no later than 45 days after the date of filing."Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
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." 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." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."Official source
- Applies to set-aside requests under Fam. Code 7576 and 7577 when no previous action has been filed. Requester serves the request and a blank FL-285 by personal service or mail (5.350(d)).
- 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 FL-280 request was filed on Monday, March 15, 2027, personal service: due Thursday, April 15, 2027.
- Trigger (Date the FL-280 request was filed): Monday, March 15, 2027.
- Exclude the trigger day and count 31 calendar days: Thursday, April 15, 2027.
Notes
Applies to set-aside requests under Fam. Code 7576 and 7577 when no previous action has been filed. Requester serves the request and a blank FL-285 by personal service or mail (5.350(d)).
Related deadlines
- Rescind voluntary declaration of parentage (60 days after)
- Challenge to voluntary declaration of parentage by non-signatory (24 months after)
- Action to challenge parentage of spouse presumed parent under Fam. Code 7540 (file and serve) (24 months after)
- Signatory's challenge to voluntary declaration of parentage (fraud, duress, material mistake of fact) (24 months after)
- Motion to set aside judgment of parentage based on genetic testing (24 months after)
- Parentage genetic testing: request recalculation of relationship index using different ethnic/racial group within 30 days after receipt of report (30 days after)
- LCSA administrative order for genetic testing: seek court relief before the test or within 10 days after tests are scheduled (10 days after)
- Set-aside of parentage judgment (Fam. Code 7646 proceedings): seek relief from LCSA genetic test order before tests or within 10 days after scheduled (10 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 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.