Construction-related accessibility claim: application for stay and early evaluation conference after plaintiff (formerly in pro per) serves Notice of Substitution of Counsel (30 days)

30 days after date the notice of substitution of counsel (with attached advisory notice and application form) was served on the defendant, under Cal. Civ. Code 55.54(b)(3), (a)(2).

Rule text

(3) Notwithstanding any other law, if the plaintiff had acted in propria persona in filing a complaint that includes a construction-related accessibility claim ... a qualified defendant, or a defendant described by paragraph (2), who is served with a Notice of Substitution of Counsel shall have 30 days to file an application for a stay and an early evaluation conference. The application may be filed prior to or after the defendant's filing of a responsive pleading or other initial appearance in the action that includes the claim, except that an application may not be filed in a claim in which an early evaluation conference or settlement conference has already been held on the claim.

Cal. Civ. Code 55.54(b)(3), (a)(2), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the Notice of Substitution of Counsel (with attached advisory notice and application form) was served on the defendant): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Civ. Code 55.54(b)(3), (a)(2)
(3) Notwithstanding any other law, if the plaintiff had acted in propria persona in filing a complaint that includes a construction-related accessibility claim ... a qualified defendant, or a defendant described by paragraph (2), who is served with a Notice of Substitution of Counsel shall have 30 days to file an application for a stay and an early evaluation conference. The application may be filed prior to or after the defendant's filing of a responsive pleading or other initial appearance in the action that includes the claim, except that an application may not be filed in a claim in which an early evaluation conference or settlement conference has already been held on the claim.
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
  • Period runs from service of a paper in a pending action, so CCP 1013 / 1010.6 extensions are treated as applying (lawyer should confirm; the statute does not address them). Not available if an early evaluation conference or settlement conference has already been held on the claim. Civ. Code 55.54 as amended by Stats. 2015, ch. 755 (AB 1521), eff. Oct. 10, 2015.
  • 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.
Google Calendar
Track every deadline in this case, free →

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 Substitution of Counsel (with attached advisory notice and application form) was served on the defendant on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the Notice of Substitution of Counsel (with attached advisory notice and application form) was served on the defendant): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Period runs from service of a paper in a pending action, so CCP 1013 / 1010.6 extensions are treated as applying (lawyer should confirm; the statute does not address them). Not available if an early evaluation conference or settlement conference has already been held on the claim. Civ. Code 55.54 as amended by Stats. 2015, ch. 755 (AB 1521), eff. Oct. 10, 2015.

Related deadlines

All California civil 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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.