Amend once without leave after demurrer or motion to strike filed
9 court days before hearing date on the demurrer or motion to strike, under Cal. Code Civ. Proc. 472(a); 1005(b).
Rule text
A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.
Calculate this deadline
- Trigger (Hearing date on the demurrer or motion to strike): Friday, November 6, 2026.
- Count back 9 court days (Saturdays, Sundays, and court holidays are not counted): Monday, October 26, 2026.
Cal. Code Civ. Proc. 472(a); 1005(b)
A party may amend its pleading once without leave of the court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. A party may amend the pleading after the date for filing an opposition to the demurrer or motion to strike, upon stipulation by the parties. The time for responding to an amended pleading shall be computed from the date of service of the amended pleading.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
- Deadline equals the opposition deadline (9 court days before the hearing under CCP 1005(b); see existing noticed_motion_opposition). If a court or local rule sets a different opposition date, that controls. Amended pleading must be filed AND served by then; serve by a method ensuring delivery no later than the next business day if following 1005(c). Before any answer, demurrer, or motion to strike is filed, amendment is allowed at any time (no day count). Not applicable to anti-SLAPP motions (472(b)).
- 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 the demurrer or motion to strike on Monday, March 15, 2027, personal service: due Tuesday, March 2, 2027.
- Trigger (Hearing date on the demurrer or motion to strike): Monday, March 15, 2027.
- Count back 9 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, March 2, 2027.
Notes
Deadline equals the opposition deadline (9 court days before the hearing under CCP 1005(b); see existing noticed_motion_opposition). If a court or local rule sets a different opposition date, that controls. Amended pleading must be filed AND served by then; serve by a method ensuring delivery no later than the next business day if following 1005(c). Before any answer, demurrer, or motion to strike is filed, amendment is allowed at any time (no day count). Not applicable to anti-SLAPP motions (472(b)).
Related deadlines
- Answer, demurrer, or motion to strike in response to complaint (30 days after)
- Unlawful detainer: response to complaint (10 court days after)
- Response to cross-complaint (30 days after)
- Response to amended complaint (or amended cross-complaint) (30 days after)
- Amend or answer after ruling on demurrer (10 days after)
- Demurrer hearing to be set within 35 days of filing (35 days after)
- Anti-SLAPP special motion to strike (60 days after)
- Serve cross-complaint on new parties and file proof of service (30 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.