Notice of appeal (new hearing in superior court)

30 days after date the clerk delivered or mailed notice of entry of judgment, under Cal. Code Civ. Proc. 116.750(b); Cal. Rules of Court, rule 8.954.

Rule text

(b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose. (c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified judgment.

Cal. Code Civ. Proc. 116.750(b); Cal. Rules of Court, rule 8.954, official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the clerk delivered or mailed notice of entry of judgment): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 116.750(b); Cal. Rules of Court, rule 8.954
(b) A notice of appeal shall be filed not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties. A notice of appeal filed after the 30-day period is ineffective for any purpose. (c) The time for filing a notice of appeal is not extended by the filing of a request to correct a mistake or by virtue of any subsequent proceedings on that request, except that a new period for filing notice of appeal shall begin on the delivery or mailing of notice of entry of any modified 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
  • Who may appeal (116.710): the defendant on the plaintiff's claim; the plaintiff only on a defendant's claim; the defendant's insurer if the judgment exceeds $2,500 and coverage is stipulated. A non-appearing defendant cannot appeal the judgment (must move to vacate). Filed in the small claims court; fee $75 (116.760). No CCP 1013 extension (notice of appeal excluded). Late notice is 'ineffective for any purpose'. The clerk's failure to give notice of the judgment does not extend the time (CRC 8.954(b)(3)). Enforcement is automatically suspended until the time for appeal expires (116.810(a)).
  • 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.
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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 clerk delivered or mailed notice of entry of judgment on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the clerk delivered or mailed notice of entry of judgment): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Who may appeal (116.710): the defendant on the plaintiff's claim; the plaintiff only on a defendant's claim; the defendant's insurer if the judgment exceeds $2,500 and coverage is stipulated. A non-appearing defendant cannot appeal the judgment (must move to vacate). Filed in the small claims court; fee $75 (116.760). No CCP 1013 extension (notice of appeal excluded). Late notice is 'ineffective for any purpose'. The clerk's failure to give notice of the judgment does not extend the time (CRC 8.954(b)(3)). Enforcement is automatically suspended until the time for appeal expires (116.810(a)).

Related deadlines

All California small claims deadlines

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.

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.