Defendant's noticed motion claiming 487.020(b) exemption: serve plaintiff not less than 3 days before hearing

3 days before hearing date on defendant's 482.100(c) motion, under Cal. Code Civ. Proc. 482.100(c).

Rule text

CCP 482.100(c): "The claim shall be made by filing with the court and serving on the plaintiff a notice of motion. Service on the plaintiff shall be made not less than three days prior to the date set for the hearing. The hearing shall be held not more than five days after the filing of the notice of motion unless, for good cause shown, the court orders otherwise."

Cal. Code Civ. Proc. 482.100(c), official source

Calculate this deadline

Deadline
Tuesday, November 3, 2026
  1. Trigger (Hearing date on defendant's 482.100(c) motion): Friday, November 6, 2026.
  2. Count back 3 calendar days: Tuesday, November 3, 2026.
Rules applied
Cal. Code Civ. Proc. 482.100(c)
CCP 482.100(c): "The claim shall be made by filing with the court and serving on the plaintiff a notice of motion. Service on the plaintiff shall be made not less than three days prior to the date set for the hearing. The hearing shall be held not more than five days after the filing of the notice of motion unless, for good cause shown, the court orders otherwise."
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
  • CCP 482.070(b) applies the CCP 684.120 mail extension (5/10/20 days) to papers served in attachment proceedings. Calendar days, backward. Special expedited procedure for the 487.020(b) exemption (property necessary for support of defendant and family). Whether 684.120 adds days to this notice period when the motion is served by mail is not stated (482.070(b) incorporates 684.120 for legal process 'under this title'); LAWYER REVIEW, and if mailing, add 5 days to be safe. Companion: attachment_482100c_hearing_latest.
  • 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 defendant's 482.100(c) motion on Monday, March 15, 2027, personal service: due Friday, March 12, 2027.

  1. Trigger (Hearing date on defendant's 482.100(c) motion): Monday, March 15, 2027.
  2. Count back 3 calendar days: Friday, March 12, 2027.

Notes

CCP 482.070(b) applies the CCP 684.120 mail extension (5/10/20 days) to papers served in attachment proceedings. Calendar days, backward. Special expedited procedure for the 487.020(b) exemption (property necessary for support of defendant and family). Whether 684.120 adds days to this notice period when the motion is served by mail is not stated (482.070(b) incorporates 684.120 for legal process 'under this title'); LAWYER REVIEW, and if mailing, add 5 days to be safe. Companion: attachment_482100c_hearing_latest.

Related deadlines

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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.