Possession motion, occupied property (dwelling, farm or business): serve not less than 90 days before hearing
90 days before hearing date on the motion for order for possession, under Cal. Code Civ. Proc. 1255.410(b).
Rule text
If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service of the notice of motion shall be made not less than 90 days prior to the hearing on the motion.
Calculate this deadline
- Trigger (Hearing date on the motion for order for possession): Friday, November 6, 2026.
- Count back 90 calendar days: Saturday, August 8, 2026.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, August 7, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Code Civ. Proc. 1255.410(b)
If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service of the notice of motion shall be made not less than 90 days prior to the hearing on the motion.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
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Counted backward from the hearing (CCP 12c); last day to serve. If served by mail or electronically, add the CCP 1013 / 1010.6 days by counting further back (CCP 12c(b)). Roll to the previous court day is the conservative choice (personal service on a weekend is not prohibited). Unoccupied property: see ed_possession_hearing_unoccupied_min_60_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
Hearing date on the motion for order for possession on Monday, March 15, 2027, personal service: due Tuesday, December 15, 2026.
- Trigger (Hearing date on the motion for order for possession): Monday, March 15, 2027.
- Count back 90 calendar days: Tuesday, December 15, 2026.
Notes
Counted backward from the hearing (CCP 12c); last day to serve. If served by mail or electronically, add the CCP 1013 / 1010.6 days by counting further back (CCP 12c(b)). Roll to the previous court day is the conservative choice (personal service on a weekend is not prohibited). Unoccupied property: see ed_possession_hearing_unoccupied_min_60_days.
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)
- 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.