Petition for writ of administrative mandamus against a local agency (CCP 1094.6): 90 days after decision becomes final
90 days after date the local agency decision became final under ccp 1094.6(b) (announcement, end of reconsideration period or rejection of reconsideration, or mailing of written decision/findings), under Cal. Code Civ. Proc. 1094.6(a), (b).
Rule text
CCP 1094.6(b): "(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. ... If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed."
Calculate this deadline
- Trigger (Date the local agency decision became final under CCP 1094.6(b) (announcement, end of reconsideration period or rejection of reconsideration, or mailing of written decision/findings)): Friday, November 6, 2026.
- Exclude the trigger day and count 90 calendar days: Thursday, February 4, 2027.
Cal. Code Civ. Proc. 1094.6(a), (b)
CCP 1094.6(b): "(b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. ... If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed."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
- Applies to local agency decisions (other than school districts) of the types listed in 1094.6(e): employee suspension, demotion or dismissal; permit, license or entitlement revocation or denial; civil or administrative penalties, fines, charges or costs; denial of retirement benefits. The user must determine the finality date under 1094.6(b); no CCP 1013 mail extension after mailing of the decision. The agency must give notice that 1094.6 governs (1094.6(f)); case law limits enforcement of the 90 days where notice was not given (verify). A shorter state or federal limitations period prevails (1094.6(g)). If the record is requested within 10 days of finality, see admin_mandamus_local_petition_after_record. Section last amended Stats. 1995, ch. 898, eff. Jan. 1, 1996.
- 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 local agency decision became final under CCP 1094.6(b) (announcement, end of reconsideration period or rejection of reconsideration, or mailing of written decision/findings) on Monday, March 15, 2027, personal service: due Monday, June 14, 2027.
- Trigger (Date the local agency decision became final under CCP 1094.6(b) (announcement, end of reconsideration period or rejection of reconsideration, or mailing of written decision/findings)): Monday, March 15, 2027.
- Exclude the trigger day and count 90 calendar days: Sunday, June 13, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 14, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
Applies to local agency decisions (other than school districts) of the types listed in 1094.6(e): employee suspension, demotion or dismissal; permit, license or entitlement revocation or denial; civil or administrative penalties, fines, charges or costs; denial of retirement benefits. The user must determine the finality date under 1094.6(b); no CCP 1013 mail extension after mailing of the decision. The agency must give notice that 1094.6 governs (1094.6(f)); case law limits enforcement of the 90 days where notice was not given (verify). A shorter state or federal limitations period prevails (1094.6(g)). If the record is requested within 10 days of finality, see admin_mandamus_local_petition_after_record. Section last amended Stats. 1995, ch. 898, eff. Jan. 1, 1996.
Related deadlines
- Writ petition from order on summary judgment / summary adjudication motion (other than entry of summary judgment): 20 days after service of notice of entry (20 days after)
- Writ petition to review order determining judicial disqualification (CCP 170.3(d)): 10 days after service of notice of entry (10 days after)
- Writ petition to review lis pendens (expungement / undertaking) order (CCP 405.39): 20 days after service of written notice of the order (20 days after)
- Request local agency record to extend CCP 1094.6 petition deadline (10 days after decision becomes final) (10 days after)
- Petition for writ of administrative mandamus against a local agency after timely record request: 30 days after record delivered or mailed (30 days after)
- State agency's power to order reconsideration expires (Gov. Code 11521(a)): 30 days after delivery or mailing of decision (30 days after)
- Petition for writ of mandate to review state agency APA decision (Gov. Code 11523): 30 days after last day reconsideration can be ordered (30 days after)
- Request state agency record to extend Gov. Code 11523 petition deadline (10 days after last day for reconsideration) (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.