UD: plead within 5 days after service of written notice of entry of order denying motion to quash

5 days after date of service of written notice of entry of the order denying the motion to quash, under Cal. Code Civ. Proc. 1167.4(b).

Rule text

(b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days.

Cal. Code Civ. Proc. 1167.4(b), official source

Calculate this deadline

Deadline
Thursday, November 12, 2026
  1. Trigger (Date of service of written notice of entry of the order denying the motion to quash): Friday, November 6, 2026.
  2. Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
  3. 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).
Rules applied
Cal. Code Civ. Proc. 1167.4(b)
(b) The service and filing of a notice of motion under subdivision (a) shall extend the defendant’s time to plead until five days after service upon him of the written notice of entry of an order denying his motion, except that for good cause shown the court may extend the defendant’s time to plead for an additional period not exceeding 15 days.
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
  • Calendar days ('five days'; contrast the court-day UD response period in CCP 1167(a)) (AMBIGUITY). CCP 1013/1010.6 extensions apply because the period runs from service of notice of entry. The court may extend up to 15 more days for good cause (order-based, not modeled). Does not cover a writ petition under 418.10(c).
  • 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 service of written notice of entry of the order denying the motion to quash on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date of service of written notice of entry of the order denying the motion to quash): Monday, March 15, 2027.
  2. Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
  3. 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).

Unsettled points

  • The calculator shows 5 calendar days with no mail or e-service days, because CCP 1167.4's 'notwithstanding' clause may displace them.Other reading: If CCP 1013 or 1010.6 applies, the pleading is due 5 calendar days or 2 court days later.

Notes

Calendar days ('five days'; contrast the court-day UD response period in CCP 1167(a)) (AMBIGUITY). CCP 1013/1010.6 extensions apply because the period runs from service of notice of entry. The court may extend up to 15 more days for good cause (order-based, not modeled). Does not cover a writ petition under 418.10(c).

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.