CEQA: agency may deny petitioner's election to prepare the record within 5 business days of receiving notice

5 court days after date the agency received the petitioner's notice of election to prepare the record, under Cal. Pub. Res. Code 21167.6(b)(3).

Rule text

(3) Notwithstanding paragraph (2), the public agency, within five business days of the receipt of the notice specified in paragraph (2), may deny the request of the plaintiff or petitioner to prepare the record of proceedings, in which case the public agency or the real party in interest shall bear the costs of preparation and certification of the record of proceedings

Cal. Pub. Res. Code 21167.6(b)(3), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the agency received the petitioner's notice of election to prepare the record): Friday, November 6, 2026.
  2. Count 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, November 16, 2026.
Rules applied
Cal. Pub. Res. Code 21167.6(b)(3)
(3) Notwithstanding paragraph (2), the public agency, within five business days of the receipt of the notice specified in paragraph (2), may deny the request of the plaintiff or petitioner to prepare the record of proceedings, in which case the public agency or the real party in interest shall bear the costs of preparation and certification of the record of proceedings
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
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." 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." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • Business days modeled as court days.
  • 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 agency received the petitioner's notice of election to prepare the record on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date the agency received the petitioner's notice of election to prepare the record): Monday, March 15, 2027.
  2. Count 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 22, 2027.

Notes

Business days modeled as court days.

Related deadlines

All California pre-suit, housing and employment deadlines

Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.