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 last day on which the agency could order reconsideration (see state_agency_reconsideration_power_expires), under Cal. Gov. Code 11523.

Rule text

Gov. Code 11523: "Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure, subject, however, to the statutes relating to the particular agency. Except as otherwise provided in this section, the petition shall be filed within 30 days after the last day on which reconsideration can be ordered. The right to petition shall not be affected by the failure to seek reconsideration before the agency."

Cal. Gov. Code 11523, official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Last day on which the agency could order reconsideration (see state_agency_reconsideration_power_expires)): 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. Gov. Code 11523
Gov. Code 11523: "Judicial review may be had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure, subject, however, to the statutes relating to the particular agency. Except as otherwise provided in this section, the petition shall be filed within 30 days after the last day on which reconsideration can be ordered. The right to petition shall not be affected by the failure to seek reconsideration before the agency."
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 decisions under the APA formal hearing procedure; many agencies have their own statutes (e.g., licensing boards, DMV, workers compensation) that control. Failure to seek reconsideration does not affect the right to petition. If the record is requested within 10 days after the last reconsideration day, the deadline becomes 30 days after delivery of the record (admin_mandamus_state_petition_after_record). Section last amended Stats. 2005, ch. 674, eff. Jan. 1, 2006.
  • 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

Last day on which the agency could order reconsideration (see state_agency_reconsideration_power_expires) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Last day on which the agency could order reconsideration (see state_agency_reconsideration_power_expires)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Applies to decisions under the APA formal hearing procedure; many agencies have their own statutes (e.g., licensing boards, DMV, workers compensation) that control. Failure to seek reconsideration does not affect the right to petition. If the record is requested within 10 days after the last reconsideration day, the deadline becomes 30 days after delivery of the record (admin_mandamus_state_petition_after_record). Section last amended Stats. 2005, ch. 674, eff. Jan. 1, 2006.

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.