Construction-related accessibility claim: defendant's application for stay and early evaluation conference (no later than first responsive pleading or appearance, normally 30 days after service of summons)
30 days after date the summons and complaint asserting a construction-related accessibility claim were served on the defendant, under Cal. Civ. Code 55.54(b)(1), (a)(1) (advisory notice).
Rule text
(b)(1) ... a qualified defendant, or other defendant as defined in paragraph (2), may file a request for a court stay and early evaluation conference in the proceedings of that claim prior to or simultaneous with that defendant's responsive pleading or other initial appearance in the action that includes the claim. ... [Advisory notice, (a)(1):] You may file the application after you are served with a summons and complaint, but no later than your first court pleading or appearance in this case, which is due within 30 days after you receive the summons and complaint.
Cal. Civ. Code 55.54(b)(1), (a)(1) (advisory notice), official source
Calculate this deadline
- Trigger (Date the summons and complaint asserting a construction-related accessibility claim were served on the defendant): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- 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).
Cal. Civ. Code 55.54(b)(1), (a)(1) (advisory notice)
(b)(1) ... a qualified defendant, or other defendant as defined in paragraph (2), may file a request for a court stay and early evaluation conference in the proceedings of that claim prior to or simultaneous with that defendant's responsive pleading or other initial appearance in the action that includes the claim. ... [Advisory notice, (a)(1):] You may file the application after you are served with a summons and complaint, but no later than your first court pleading or appearance in this case, which is due within 30 days after you receive the summons and complaint.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 statutory deadline is the defendant's responsive pleading or initial appearance, not a fixed day count. 30 days tracks the responsive-pleading period (CCP 412.20(a)(3)); if service was by substituted service (CCP 415.20, complete on the 10th day after mailing), notice and acknowledgment (415.30), out-of-state mail (415.40, 10th day), or publication, or if the response date was extended by stipulation (CRC 3.110(d)) or court order, the application deadline moves with the actual responsive-pleading deadline. Eligible defendants only: qualified defendants (CASp-inspected site), CASp-inspector-approved new construction, small businesses (25 or fewer employees, gross receipts criteria) and businesses sued by a high-frequency litigant (55.54(b)(2)). A timely application filed before the responsive pleading is due tolls the responsive-pleading period until the stay is lifted (55.54(b)(1)). Plaintiff in pro per later substituting counsel: see ada_eec_application_after_substitution_30_days. 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.
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 summons and complaint asserting a construction-related accessibility claim were served on the defendant on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the summons and complaint asserting a construction-related accessibility claim were served on the defendant): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
The statutory deadline is the defendant's responsive pleading or initial appearance, not a fixed day count. 30 days tracks the responsive-pleading period (CCP 412.20(a)(3)); if service was by substituted service (CCP 415.20, complete on the 10th day after mailing), notice and acknowledgment (415.30), out-of-state mail (415.40, 10th day), or publication, or if the response date was extended by stipulation (CRC 3.110(d)) or court order, the application deadline moves with the actual responsive-pleading deadline. Eligible defendants only: qualified defendants (CASp-inspected site), CASp-inspector-approved new construction, small businesses (25 or fewer employees, gross receipts criteria) and businesses sued by a high-frequency litigant (55.54(b)(2)). A timely application filed before the responsive pleading is due tolls the responsive-pleading period until the stay is lifted (55.54(b)(1)). Plaintiff in pro per later substituting counsel: see ada_eec_application_after_substitution_30_days. Civ. Code 55.54 as amended by Stats. 2015, ch. 755 (AB 1521), eff. Oct. 10, 2015.
Related deadlines
- 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)
- Early evaluation conference: court must set it no later than 70 days after issuing the stay order (70 days after)
- Early evaluation conference: may not be set earlier than 50 days after the defendant's application is filed (50 days after)
- Early evaluation conference: 90-day stay of the construction-related accessibility claim (expires) (90 days after)
- Early evaluation conference: qualified defendant files and serves CASp inspection report at least 15 days before the conference (15 days before)
- Early evaluation conference: plaintiff files and serves statement (itemized conditions, damages, fees, settlement demand) at least 15 days before the conference (15 days before)
- Early evaluation conference: joint site inspection at the premises (if defendant requested) no later than 30 days after the court order (30 days after)
- Early evaluation conference: defendant (building-department or CASp-inspector approved construction, 60-day correction) files and serves evidence of correction within 10 calendar days after completing corrections (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 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.