Demurrer hearing to be set within 35 days of filing
35 days after date the demurrer is filed, under Cal. Rules of Court, rule 3.1320(d).
Rule text
Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter.
Calculate this deadline
- Trigger (Date the demurrer is filed): Friday, November 6, 2026.
- Exclude the trigger day and count 35 calendar days: Friday, December 11, 2026.
Cal. Rules of Court, rule 3.1320(d)
Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter.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
- Outer limit for the hearing date (subject to court availability). The notice must still satisfy CCP 1005(b) (16 court days plus service add-on); see noticed_motion_notice.
- 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 demurrer is filed on Monday, March 15, 2027, personal service: due Monday, April 19, 2027.
- Trigger (Date the demurrer is filed): Monday, March 15, 2027.
- Exclude the trigger day and count 35 calendar days: Monday, April 19, 2027.
Notes
Outer limit for the hearing date (subject to court availability). The notice must still satisfy CCP 1005(b) (16 court days plus service add-on); see noticed_motion_notice.
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)
- Anti-SLAPP special motion to strike (60 days after)
- Serve cross-complaint on new parties and file proof of service (30 days after)
- Serve defendant added by amended complaint 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.