Residential owner's demand that plaintiff deposit probable compensation: earliest date the demand may specify (30 days after service)
30 days after date the defendant served the notice requiring a deposit (ccp 1255.040), under Cal. Code Civ. Proc. 1255.040(a).
Rule text
(a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding. The notice shall specify the date by which the defendant desires the deposit to be made. The date shall not be earlier than 30 days after the date of service of the notice and may be any later date.
Calculate this deadline
- Trigger (Date the defendant served the notice requiring a deposit (CCP 1255.040)): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Cal. Code Civ. Proc. 1255.040(a)
(a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding. The notice shall specify the date by which the defendant desires the deposit to be made. The date shall not be earlier than 30 days after the date of service of the notice and may be any later date.Official source
Cal. Code Civ. Proc. 12, 12a, 10; Gov. Code 6800, 6804, 6806; Cal. Rules of Court, rule 1.10 (for periods set by the Rules of Court)
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." 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 6806: "A day is the period of time between any midnight and the midnight following." 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." Elec. Code 15: "Notwithstanding any other provision of law, if the last day for the performance of any act provided for or required by this code shall be a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.For purposes of this section, the Friday in November immediately after Thanksgiving Day shall be considered a holiday."Official source
- Earliest deposit date the defendant may specify; roll 'none' (any later date is permitted, so no extension logic applies). If the deposit is not made by the specified date, compensation draws legal interest from that date (1255.040(c)). Serving the notice waives all claims and defenses except greater compensation, conditioned on the deposit (1255.040(e)). Lessors may use the same procedure (1255.050). If serving by mail, consider adding the CCP 1013 days to be safe.
- 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 defendant served the notice requiring a deposit (CCP 1255.040) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the defendant served the notice requiring a deposit (CCP 1255.040)): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Earliest deposit date the defendant may specify; roll 'none' (any later date is permitted, so no extension logic applies). If the deposit is not made by the specified date, compensation draws legal interest from that date (1255.040(c)). Serving the notice waives all claims and defenses except greater compensation, conditioned on the deposit (1255.040(e)). Lessors may use the same procedure (1255.050). If serving by mail, consider adding the CCP 1013 days to be safe.
Related deadlines
- Resolution of necessity: written request to appear and be heard (15 days after notice mailed) (15 days after)
- Resolution of necessity adopted but no eminent domain action within 6 months: owner may sue in inverse condemnation (6 months after)
- Inverse condemnation action under CCP 1245.260: file within 1 year and 6 months after resolution adopted (18 months after)
- Opposition to motion for prejudgment order for possession (30 days after service of motion) (30 days after)
- Possession motion, unoccupied property: earliest hearing date (not less than 60 days after service on record owner) (60 days after)
- Possession motion, occupied property (dwelling, farm or business): serve not less than 90 days before hearing (90 days before)
- Plaintiff's reply to opposition to possession motion (not less than 15 days before hearing) (15 days before)
- Motion for relief from emergency (utility) order of possession (30 days after service of order) (30 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 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.