Earliest discretionary dismissal for failure to bring to trial (2 years)

24 months after date the complaint was filed, under Cal. Rules of Court, rule 3.1340(a); Cal. Code Civ. Proc. 583.420(a)(2)(B).

Rule text

CRC 3.1340(a): "The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant."

Cal. Rules of Court, rule 3.1340(a); Cal. Code Civ. Proc. 583.420(a)(2)(B), official source

Calculate this deadline

Deadline
Monday, November 6, 2028
  1. Trigger (Date the complaint was filed): Friday, November 6, 2026.
  2. Add 24 months: Monday, November 6, 2028.
Rules applied
Cal. Rules of Court, rule 3.1340(a); Cal. Code Civ. Proc. 583.420(a)(2)(B)
CRC 3.1340(a): "The court on its own motion or on motion of the defendant may dismiss an action under Code of Civil Procedure sections 583.410-583.430 for delay in prosecution if the action has not been brought to trial or conditionally settled within two years after the action was commenced against the defendant."
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
  • Not a filing deadline: the date after which dismissal becomes possible in the court's discretion. CCP 583.420(a)(2)(A) sets 3 years unless the Judicial Council prescribes 2 years by rule (583.420(a)(2)(B)); CRC 3.1340(a) prescribes 2 years, so 2 years is used. Ambiguity for review: 583.420(a)(2)(B) refers to a rule prescribing 2 years 'for the court'; 3.1340 applies statewide. 'Conditionally settled' defined in 3.1340(c). After a new trial order, mistrial, or remand, 583.420(a)(3) uses 2 years from that order or remittitur (not separately modeled).
  • 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 complaint was filed on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.

  1. Trigger (Date the complaint was filed): Monday, March 15, 2027.
  2. Add 24 months: Thursday, March 15, 2029.

Notes

Not a filing deadline: the date after which dismissal becomes possible in the court's discretion. CCP 583.420(a)(2)(A) sets 3 years unless the Judicial Council prescribes 2 years by rule (583.420(a)(2)(B)); CRC 3.1340(a) prescribes 2 years, so 2 years is used. Ambiguity for review: 583.420(a)(2)(B) refers to a rule prescribing 2 years 'for the court'; 3.1340 applies statewide. 'Conditionally settled' defined in 3.1340(c). After a new trial order, mistrial, or remand, 583.420(a)(3) uses 2 years from that order or remittitur (not separately modeled).

Related deadlines

All California civil deadlines

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.

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.