Serve 946.6 petition and notice of hearing on public entity (CCP 1005(b) timing)

16 court days before hearing date on the 946.6 petition, under Cal. Gov. Code 946.6(d); Cal. Code Civ. Proc. 1005(b).

Rule text

946.6(d): "A copy of the petition and a written notice of the time and place of hearing shall be served before the hearing as prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure" CCP 1005(b): "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section."

Cal. Gov. Code 946.6(d); Cal. Code Civ. Proc. 1005(b), official source

Calculate this deadline

Deadline
Thursday, October 15, 2026
  1. Trigger (Hearing date on the 946.6 petition): Friday, November 6, 2026.
  2. Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Thursday, October 15, 2026.
Rules applied
Cal. Gov. Code 946.6(d); Cal. Code Civ. Proc. 1005(b)
946.6(d): "A copy of the petition and a written notice of the time and place of hearing shall be served before the hearing as prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure" CCP 1005(b): "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing. The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, 12 calendar days if the place of address is the Secretary of State’s address confidentiality program (Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code), and 20 calendar days if either the place of mailing or the place of address is outside the United States, and if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the required 16-day period of notice before the hearing shall be increased by two calendar days. Section 1013, which extends the time within which a right may be exercised or an act may be done, does not apply to a notice of motion, papers opposing a motion, or reply papers governed by this section."
Official source
Cal. Gov. Code 6800, 6804; Cal. Code Civ. Proc. 12, 12a, 12b, 17(b)(4); Gov. Code 6707 (state agencies)
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 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 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." 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."
Official source
  • Serve the clerk, secretary or board of a local public entity, or the Attorney General for the state (special rules for Caltrans and judicial branch entities, 946.6(d)). CCP 1005(b) add-ons apply in place of CCP 1013. Opposition and reply under 1005(b) (9 and 5 court days) are in the CA civil rule set.
  • 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

Hearing date on the 946.6 petition on Monday, March 15, 2027, personal service: due Friday, February 19, 2027.

  1. Trigger (Hearing date on the 946.6 petition): Monday, March 15, 2027.
  2. Count back 16 court days (Saturdays, Sundays, and court holidays are not counted): Friday, February 19, 2027.

Notes

Serve the clerk, secretary or board of a local public entity, or the Attorney General for the state (special rules for Caltrans and judicial branch entities, 946.6(d)). CCP 1005(b) add-ons apply in place of CCP 1013. Opposition and reply under 1005(b) (9 and 5 court days) are in the CA civil rule set.

Related deadlines

All California government claims 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.