Demurrer or motion to strike in UD: latest hearing date

7 court days after date the notice of demurrer or motion to strike was filed, under Cal. Code Civ. Proc. 1170(b)(1) (eff. Jan. 1, 2026).

Rule text

(b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013.

Cal. Code Civ. Proc. 1170(b)(1) (eff. Jan. 1, 2026), official source

Calculate this deadline

Deadline
Wednesday, November 18, 2026
  1. Trigger (Date the notice of demurrer or motion to strike was filed): Friday, November 6, 2026.
  2. Count 7 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, November 18, 2026.
Rules applied
Cal. Code Civ. Proc. 1170(b)(1) (eff. Jan. 1, 2026)
(b) (1) Notwithstanding any other law, in any action under this chapter in which the defendant demurs or moves to strike the complaint or any portion thereof, the hearing on the motion shall be not less than five court days nor more than seven court days after the filing of the notice of motion. All moving and supporting papers shall accompany the notice of the motion and shall be served in compliance with this section and Section 1010.6 or 1013.
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
  • See ud_demurrer_motion_to_strike_hearing_earliest. Extension beyond 7 court days requires stipulation or a good-cause order under 1170(b)(2).
  • 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 notice of demurrer or motion to strike was filed on Monday, March 15, 2027, personal service: due Wednesday, March 24, 2027.

  1. Trigger (Date the notice of demurrer or motion to strike was filed): Monday, March 15, 2027.
  2. Count 7 court days (Saturdays, Sundays, and court holidays are not counted): Wednesday, March 24, 2027.

Notes

See ud_demurrer_motion_to_strike_hearing_earliest. Extension beyond 7 court days requires stipulation or a good-cause order under 1170(b)(2).

Related deadlines

All California evictions 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.