Clerk's notice of court's own-motion dismissal hearing
20 days before hearing date set on the court's own motion to dismiss for delay, under Cal. Rules of Court, rule 3.1340(b).
Rule text
If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date.
Calculate this deadline
- Trigger (Hearing date set on the court's own motion to dismiss for delay): Friday, November 6, 2026.
- Count back 20 calendar days: Saturday, October 17, 2026.
- That day is a Saturday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Friday, October 16, 2026 (see Cal. Code Civ. Proc. 12c).
Cal. Rules of Court, rule 3.1340(b)
If the court intends to dismiss an action on its own motion, the clerk must set a hearing on the dismissal and send notice to all parties at least 20 days before the hearing date.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
- Counting backward from a hearing or trial, when the day lands on a weekend or holiday we use the earlier court day. The rules do not state the direction expressly; confirm with the court.
- Court's duty; useful to check whether the notice was timely. Court's duty; useful to check whether the notice was timely. If the clerk mailed the notice, CCP 1013(a) ('any period of notice') may lengthen the required notice to 25 days; when testing a mailed notice, check 25 days as well. [Validation 2026-11, Q0016. Authority: Cal. Rules of Court, rule 3.1340(b); 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.
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 set on the court's own motion to dismiss for delay on Monday, March 15, 2027, personal service: due Tuesday, February 23, 2027.
- Trigger (Hearing date set on the court's own motion to dismiss for delay): Monday, March 15, 2027.
- Count back 20 calendar days: Tuesday, February 23, 2027.
Unsettled points
- This is the court's notice duty; the calculator shows 20 days before the hearing, and a user checking timeliness should know a mailed notice may need 25 days.Other reading: If CCP 1013 applies to the clerk's mailed notice, the notice had to be mailed 5 days earlier.
Notes
Court's duty; useful to check whether the notice was timely. Court's duty; useful to check whether the notice was timely. If the clerk mailed the notice, CCP 1013(a) ('any period of notice') may lengthen the required notice to 25 days; when testing a mailed notice, check 25 days as well. [Validation 2026-11, Q0016. Authority: Cal. Rules of Court, rule 3.1340(b); Cal. Code Civ. Proc. 1013(a)]
Related deadlines
- Case management statement (15 days before)
- Meet and confer before initial case management conference (30 days before)
- Serve complaint and file proof of service (60 days after)
- Serve summons and complaint (mandatory 3-year limit) (36 months after)
- File proof of service of summons (statutory outer limit) (60 days after)
- Earliest discretionary dismissal for failure to serve (2 years) (24 months after)
- Responsive papers to OSC re failure to serve or default (rule 3.110) (5 days before)
- Bring action to trial (mandatory 5-year limit) (60 months 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.