Opposition to motion for prejudgment order for possession (30 days after service of motion)
30 days after date the plaintiff's motion for order for possession was served on the defendant or occupant, under Cal. Code Civ. Proc. 1255.410(a), (c).
Rule text
(c) Not later than 30 days after service of the plaintiff's motion seeking to take possession of the property, any defendant or occupant of the property may oppose the motion in writing by serving the plaintiff and filing with the court the opposition. If the written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship.
Calculate this deadline
- Trigger (Date the plaintiff's motion for order for possession was served on the defendant or occupant): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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)).
Cal. Code Civ. Proc. 1255.410(a), (c)
(c) Not later than 30 days after service of the plaintiff's motion seeking to take possession of the property, any defendant or occupant of the property may oppose the motion in writing by serving the plaintiff and filing with the court the opposition. If the written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship.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
- Opposition must be both served and filed. If not opposed within 30 days of service, the court 'shall' grant possession on the two findings in 1255.410(d)(1), so a missed deadline is serious. Extensions 'general': if the motion was served by mail or electronically, CCP 1013 / 1010.6 extensions apply to a period that runs after service (AMBIGUITY: the statutory advisement in 1255.410(a) says 'within 30 days from the date you were served'; calendar the unextended date when possible). Section amended Stats. 2007, ch. 436.
- 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 plaintiff's motion for order for possession was served on the defendant or occupant on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the plaintiff's motion for order for possession was served on the defendant or occupant): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Opposition must be both served and filed. If not opposed within 30 days of service, the court 'shall' grant possession on the two findings in 1255.410(d)(1), so a missed deadline is serious. Extensions 'general': if the motion was served by mail or electronically, CCP 1013 / 1010.6 extensions apply to a period that runs after service (AMBIGUITY: the statutory advisement in 1255.410(a) says 'within 30 days from the date you were served'; calendar the unextended date when possible). Section amended Stats. 2007, ch. 436.
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)
- 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)
- Serve order for possession on owner and occupants, occupied property: not less than 30 days before possession (30 days before)
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.