Notice of appeal from denial of defendant's motion to vacate
10 days after date the small claims court mailed or delivered notice of the denial, under Cal. Code Civ. Proc. 116.730(e); 116.740(d).
Rule text
(e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall file the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment.
Cal. Code Civ. Proc. 116.730(e); 116.740(d), official source
Calculate this deadline
- Trigger (Date the small claims court mailed or delivered notice of the denial): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 116.730(e); 116.740(d)
(e) If the motion is denied, the defendant may appeal to the superior court only on the denial of the motion to vacate the judgment. The defendant shall file the notice of appeal with the clerk of the small claims court within 10 days after the small claims court has mailed or delivered notice of the court’s denial of the motion to vacate the judgment.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
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
- The task description associated this 10-day period with 116.740; it is in 116.730(e), which 116.740(d) incorporates for motions under 116.740. No CCP 1013 extension (1013(a) excludes notices of appeal). Appeal limited to the denial of the motion.
- 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 small claims court mailed or delivered notice of the denial on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date the small claims court mailed or delivered notice of the denial): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
The task description associated this 10-day period with 116.740; it is in 116.730(e), which 116.740(d) incorporates for motions under 116.740. No CCP 1013 extension (1013(a) excludes notices of appeal). Appeal limited to the denial of the motion.
Related deadlines
- Notice of appeal (new hearing in superior court) (30 days after)
- Notice of appeal after modified judgment (new 30-day period) (30 days after)
- Clerk transmits file to court hearing the appeal (5 days after)
- Superior court mails notice of appeal hearing (14 days before)
- Appeal may be dismissed if not heard within one year of notice of appeal (12 months 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.