Deficiency action under CCP 580a: application for appointment of probate referee to appraise the property at least 10 days before trial
10 days before trial date, under Cal. Code Civ. Proc. 580a.
Rule text
Upon the application of either party made at least 10 days before the time of trial the court shall, and upon its own motion the court at any time may, appoint one of the probate referees provided for by law to appraise the property or the interest therein sold as of the time of sale.
Calculate this deadline
- Trigger (Trial date): Friday, November 6, 2026.
- Count back 10 calendar days: Tuesday, October 27, 2026.
Cal. Code Civ. Proc. 580a
Upon the application of either party made at least 10 days before the time of trial the court shall, and upon its own motion the court at any time may, appoint one of the probate referees provided for by law to appraise the property or the interest therein sold as of the time of sale.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
- Mandatory appointment if application is timely; court may appoint on its own motion at any time. trial_continuance 'follows': the text says 'the time of trial' with no language fixing the initial trial date. Backward count; roll to preceding court day.
- 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
Trial date on Monday, March 15, 2027, personal service: due Friday, March 5, 2027.
- Trigger (Trial date): Monday, March 15, 2027.
- Count back 10 calendar days: Friday, March 5, 2027.
Notes
Mandatory appointment if application is timely; court may appoint on its own motion at any time. trial_continuance 'follows': the text says 'the time of trial' with no language fixing the initial trial date. Backward count; roll to preceding court day.
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
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- 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.