Prejudgment claim of right to possession: last day for occupant to file
10 days after date of service of the prejudgment claim of right to possession as shown on the return of service, under Cal. Code Civ. Proc. 1174.25(a)(1); 415.46.
Rule text
an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim of right to possession as shown on the return of service, which period shall include Saturday and Sunday but exclude all other judicial holidays. If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day.
Calculate this deadline
- Trigger (Date of service of the prejudgment claim of right to possession as shown on the return of service): Friday, November 6, 2026.
- Count 10 days, counting Saturdays and Sundays but not weekday judicial holidays: Tuesday, November 17, 2026.
Cal. Code Civ. Proc. 1174.25(a)(1); 415.46
an occupant who is served with a prejudgment claim of right to possession in accordance with Section 415.46 may file a claim as prescribed in Section 415.46, with the court within 10 days of the date of service of the prejudgment claim of right to possession as shown on the return of service, which period shall include Saturday and Sunday but exclude all other judicial holidays. If the last day for filing the claim falls on a Saturday or Sunday, the filing period shall be extended to and including the next court day.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
- SPECIAL COUNT: Saturdays and Sundays are counted, but other judicial holidays (weekday holidays) are NOT counted; a last day on a Saturday or Sunday rolls to the next court day. Exception: in UD after a foreclosure sale (415.46(e)(2)), a claim may be filed any time before judgment. Service of the prejudgment claim must be by marshal, sheriff, or registered process server (415.46(b)). If served, no occupant may later object under 1174.3 (415.46(e)(1)).
- 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 the prejudgment claim of right to possession as shown on the return of service on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date of service of the prejudgment claim of right to possession as shown on the return of service): Monday, March 15, 2027.
- Count 10 days, counting Saturdays and Sundays but not weekday judicial holidays: Thursday, March 25, 2027.
Notes
SPECIAL COUNT: Saturdays and Sundays are counted, but other judicial holidays (weekday holidays) are NOT counted; a last day on a Saturday or Sunday rolls to the next court day. Exception: in UD after a foreclosure sale (415.46(e)(2)), a claim may be filed any time before judgment. Service of the prejudgment claim must be by marshal, sheriff, or registered process server (415.46(b)). If served, no occupant may later object under 1174.3 (415.46(e)(1)).
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)
- Answer or amend after ruling on UD demurrer (5 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.