Expressive-conduct permit writ: agency must prepare, certify and make available the record within 5 court days after the applicant's written notice of intent to seek review

5 court days after date the agency received the permit applicant's written notice that it will seek judicial review, under Cal. Code Civ. Proc. 1094.8(d)(1).

Rule text

CCP 1094.8(d): "(1) Within five court days after receipt of written notification from a permit applicant that the permit applicant will seek judicial review of a public agency’s action on the permit, the public agency shall prepare, certify, and make available the administrative record to the permit applicant. ... (3) The party bringing the action pursuant to this section shall file and serve the petition on the respondent no later than 21 calendar days following the public agency’s final decision on the permit. ... (4) The clerk of the court shall set a hearing for review of the petition no later than 25 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. The petitioner shall lodge the administrative record with the court no later than 10 calendar days in advance of the hearing date."

Cal. Code Civ. Proc. 1094.8(d)(1), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the agency received the permit applicant's written notice that it will seek judicial review): Friday, November 6, 2026.
  2. Count 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, November 16, 2026.
Rules applied
Cal. Code Civ. Proc. 1094.8(d)(1)
CCP 1094.8(d): "(1) Within five court days after receipt of written notification from a permit applicant that the permit applicant will seek judicial review of a public agency’s action on the permit, the public agency shall prepare, certify, and make available the administrative record to the permit applicant. ... (3) The party bringing the action pursuant to this section shall file and serve the petition on the respondent no later than 21 calendar days following the public agency’s final decision on the permit. ... (4) The clerk of the court shall set a hearing for review of the petition no later than 25 calendar days from the date the petition is filed. Moving, opposition, and reply papers shall be filed as provided in the California Rules of Court. The petitioner shall lodge the administrative record with the court no later than 10 calendar days in advance of 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
  • 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 agency received the permit applicant's written notice that it will seek judicial review on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.

  1. Trigger (Date the agency received the permit applicant's written notice that it will seek judicial review): Monday, March 15, 2027.
  2. Count 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 22, 2027.

Related deadlines

All California civil deadlines

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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.