Shareholder derivative suit: corporation's or officer/director defendant's motion for bond (Corp. Code 800) within 30 days after service of summons
30 days after date service of summons on the corporation or on the moving officer or director defendant was complete, under Cal. Corp. Code 800(c).
Rule text
(c) In any action referred to in subdivision (b), at any time within 30 days after service of summons upon the corporation or upon any defendant who is an officer or director of the corporation, or held such office at the time of the acts complained of, the corporation or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish a bond as hereinafter provided. ... The court on application of the corporation or any defendant may, for good cause shown, extend the 30-day period for an additional period or periods not exceeding 60 days.
Calculate this deadline
- Trigger (Date service of summons on the corporation or on the moving officer or director defendant was complete): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- 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).
Cal. Corp. Code 800(c)
(c) In any action referred to in subdivision (b), at any time within 30 days after service of summons upon the corporation or upon any defendant who is an officer or director of the corporation, or held such office at the time of the acts complained of, the corporation or the defendant may move the court for an order, upon notice and hearing, requiring the plaintiff to furnish a bond as hereinafter provided. ... The court on application of the corporation or any defendant may, for good cause shown, extend the 30-day period for an additional period or periods not exceeding 60 days.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
- Court may extend for good cause by up to 60 additional days (apply before expiration). Bond capped at $50,000 (800(d)); plaintiff may moot the motion by posting $50,000 (800(e)). AMBIGUITY: the text runs from service on 'the corporation or ... any defendant who is an officer or director'; conservative reading is the earliest such service. Use summons completion rules for the trigger. Section amended by Stats. 1982, ch. 517.
- 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 service of summons on the corporation or on the moving officer or director defendant was complete on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date service of summons on the corporation or on the moving officer or director defendant was complete): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Court may extend for good cause by up to 60 additional days (apply before expiration). Bond capped at $50,000 (800(d)); plaintiff may moot the motion by posting $50,000 (800(e)). AMBIGUITY: the text runs from service on 'the corporation or ... any defendant who is an officer or director'; conservative reading is the earliest such service. Use summons completion rules for the trigger. Section amended by Stats. 1982, ch. 517.
Related deadlines
- Nonresident or foreign-corporation plaintiff: file undertaking for costs and fees within 30 days after service of order requiring it (or dismissal) (30 days after)
- CCP 1030 motion for undertaking filed within 30 days after service of summons (makes defendant eligible for a discretionary stay) (30 days after)
- CCP 1030 stay application: hearing must be held not later than 60 days after service of summons (60 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.