Answer or amend after ruling on UD demurrer
5 days after date of the ruling on the demurrer (or service of notice of ruling, see notes), under Cal. Rules of Court, rule 3.1320(g).
Rule text
Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
Calculate this deadline
- Trigger (Date of the ruling on the demurrer (or service of notice of ruling, see notes)): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Rules of Court, rule 3.1320(g)
Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.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
- The task referenced CRC 3.1320(h); the UD 5-calendar-day provision is in 3.1320(g) (3.1320(h) concerns ex parte dismissal after failure to amend). AMBIGUITY: CRC 3.1320(j) separately gives 10 days to answer after overruling 'unless otherwise ordered' without a UD exception; 3.1320(g) is UD-specific and shorter, so 5 calendar days is the conservative reading. Whether the period runs from the ruling or from service of notice of the ruling (CCP 472b) is also a question; counting from the ruling is conservative. Courts often set a specific date in the order; use it.
- 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 of the ruling on the demurrer (or service of notice of ruling, see notes) on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date of the ruling on the demurrer (or service of notice of ruling, see notes)): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
The task referenced CRC 3.1320(h); the UD 5-calendar-day provision is in 3.1320(g) (3.1320(h) concerns ex parte dismissal after failure to amend). AMBIGUITY: CRC 3.1320(j) separately gives 10 days to answer after overruling 'unless otherwise ordered' without a UD exception; 3.1320(g) is UD-specific and shorter, so 5 calendar days is the conservative reading. Whether the period runs from the ruling or from service of notice of the ruling (CCP 472b) is also a question; counting from the ruling is conservative. Courts often set a specific date in the order; use it.
Related deadlines
- Response to UD complaint (answer, demurrer, motion to strike) (10 court days after)
- Earliest court day to request entry of default (no response filed) (11 court days after)
- Prejudgment claim of right to possession: last day for occupant to file (10 days after)
- Claimant's response to UD complaint after filing prejudgment claim (5 days after)
- Claimant named as defendant after valid post-judgment claim: response (5 days after)
- UD: plead within 5 days after service of written notice of entry of order denying motion to quash (5 days after)
- UD: maximum extension of time to plead without adverse party's consent (10 days) (10 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 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.