Motion to enforce personal-records subpoena after nonparty consumer objection

20 days after service of the consumer's written objection, under Cal. Code Civ. Proc. 1985.3(g).

Rule text

The party requesting a consumer’s personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection.

Cal. Code Civ. Proc. 1985.3(g), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Service of the consumer's written objection): Friday, November 6, 2026.
  2. Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
  3. That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 1985.3(g)
The party requesting a consumer’s personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection.
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
  • Must be accompanied by a declaration of a reasonable and good faith attempt at informal resolution. AMBIGUITY: 'bring a motion' read as file/serve the motion within 20 days; 1013 extension for a mailed objection is likely under the general rule but not stated; conservative practice is to file within 20 days without extension. Computed date includes the CCP 1013/1010.6 extension for a mailed or e-served objection; filing within 20 days of service avoids any dispute. [Validation 2026-11, Q0035. Authority: Cal. Code Civ. Proc. 1985.3(g); Cal. Code Civ. Proc. 1985.6(f)(4); Cal. Code Civ. Proc. 1013(a)]
  • 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.
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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

Service of the consumer's written objection on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Service of the consumer's written objection): Monday, March 15, 2027.
  2. Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).

Unsettled points

  • The calculator shows 20 days after service of the objection with no mail or e-service days, the earlier date.Other reading: By text CCP 1013 and 1010.6 extend the period, making the motion due 5 calendar or 2 court days later.

Notes

Must be accompanied by a declaration of a reasonable and good faith attempt at informal resolution. AMBIGUITY: 'bring a motion' read as file/serve the motion within 20 days; 1013 extension for a mailed objection is likely under the general rule but not stated; conservative practice is to file within 20 days without extension. Computed date includes the CCP 1013/1010.6 extension for a mailed or e-served objection; filing within 20 days of service avoids any dispute. [Validation 2026-11, Q0035. Authority: Cal. Code Civ. Proc. 1985.3(g); Cal. Code Civ. Proc. 1985.6(f)(4); Cal. Code Civ. Proc. 1013(a)]

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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.