UD summary judgment: notice of motion
5 days before hearing date, under Cal. Code Civ. Proc. 1170.7; Cal. Rules of Court, rule 3.1351(a).
Rule text
CCP 1170.7: "A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c." CRC 3.1351(a): "In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7."
Cal. Code Civ. Proc. 1170.7; Cal. Rules of Court, rule 3.1351(a), official source
Calculate this deadline
- Trigger (Hearing date): Friday, November 6, 2026.
- Count back 5 calendar days: Sunday, November 1, 2026.
- That day is a Sunday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 30, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Code Civ. Proc. 1170.7; Cal. Rules of Court, rule 3.1351(a)
CCP 1170.7: "A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c." CRC 3.1351(a): "In an unlawful detainer action or other action brought under chapter 4 of title 3 of part 3 of the Code of Civil Procedure (commencing with section 1159), notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1010.6 or 1013 and 1170.7."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
- 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.
- CRC 3.1351(a) expressly applies 1010.6/1013, so service-method extensions are added (counted backward per CCP 12c(b)). AMBIGUITY: '5 days' is not labeled calendar or court; calendar is the plain reading. May be made only after the answer is filed.
- 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 Monday, March 15, 2027, personal service: due Wednesday, March 10, 2027.
- Trigger (Hearing date): Monday, March 15, 2027.
- Count back 5 calendar days: Wednesday, March 10, 2027.
Notes
CRC 3.1351(a) expressly applies 1010.6/1013, so service-method extensions are added (counted backward per CCP 12c(b)). AMBIGUITY: '5 days' is not labeled calendar or court; calendar is the plain reading. May be made only after the answer is filed.
Related deadlines
- Demurrer or motion to strike in UD: earliest hearing date (5 court days after)
- Demurrer or motion to strike in UD: latest hearing date (7 court days after)
- Written opposition to UD demurrer or motion to strike (if submitted in advance) (1 court day before)
- UD summary judgment: written opposition (if submitted in advance) (1 court day before)
- UD motion to quash service (CCP 418.10): earliest hearing date, not less than 3 days after notice filed (3 days after)
- UD motion to quash service (CCP 418.10): latest hearing date, not more than 7 days after notice filed (7 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.