Nonsettling party's notice of motion to contest good faith settlement: 25 days after mailing of 877.6(a)(2) application
25 days after date the settling party mailed (certified mail, return receipt requested) the notice of settlement, application for determination of good faith settlement, and proposed order, under Cal. Code Civ. Proc. 877.6(a)(2).
Rule text
CCP 877.6(a)(2): "The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement. The notice by a nonsettling party shall be given in the manner provided in subdivision (b) of Section 1005. However, this paragraph shall not apply to settlements in which a confidentiality agreement has been entered into regarding the case or the terms of the settlement."
Calculate this deadline
- Trigger (Date the settling party mailed (certified mail, return receipt requested) the notice of settlement, application for determination of good faith settlement, and proposed order): Friday, November 6, 2026.
- Exclude the trigger day and count 25 calendar days: Tuesday, December 1, 2026.
Cal. Code Civ. Proc. 877.6(a)(2)
CCP 877.6(a)(2): "The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement. The notice by a nonsettling party shall be given in the manner provided in subdivision (b) of Section 1005. However, this paragraph shall not apply to settlements in which a confidentiality agreement has been entered into regarding the case or the terms of the settlement."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
- The statute builds the mail allowance into the period (25 days from MAILING vs. 20 days from personal service), so no additional CCP 1013 days are added; LAWYER REVIEW if served by a method other than certified mail or personal service (the statute authorizes only those two). Runs from the date of mailing, not receipt. The contest motion itself must be noticed for hearing under CCP 1005(b) (16 court days plus service extensions; see base rule noticed_motion_notice). Not available where a confidentiality agreement covers the case or settlement terms; then the settling party must use the noticed-motion route of 877.6(a)(1). Alternative: gfs_contest_motion_after_personal_service. Section amended Stats. 2017, ch. 64, eff. Jan. 1, 2018.
- 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 settling party mailed (certified mail, return receipt requested) the notice of settlement, application for determination of good faith settlement, and proposed order on Monday, March 15, 2027, personal service: due Monday, April 12, 2027.
- Trigger (Date the settling party mailed (certified mail, return receipt requested) the notice of settlement, application for determination of good faith settlement, and proposed order): Monday, March 15, 2027.
- Exclude the trigger day and count 25 calendar days: Friday, April 9, 2027.
- That day is a Farmworkers Day (courts closed per Judicial Council 2027 schedule), so the deadline moves to the next court day: Monday, April 12, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
The statute builds the mail allowance into the period (25 days from MAILING vs. 20 days from personal service), so no additional CCP 1013 days are added; LAWYER REVIEW if served by a method other than certified mail or personal service (the statute authorizes only those two). Runs from the date of mailing, not receipt. The contest motion itself must be noticed for hearing under CCP 1005(b) (16 court days plus service extensions; see base rule noticed_motion_notice). Not available where a confidentiality agreement covers the case or settlement terms; then the settling party must use the noticed-motion route of 877.6(a)(1). Alternative: gfs_contest_motion_after_personal_service. Section amended Stats. 2017, ch. 64, eff. Jan. 1, 2018.
Related deadlines
- Nonsettling party's notice of motion to contest good faith settlement: 20 days after personal service of 877.6(a)(2) application (20 days after)
- Petition for writ of mandate to review good faith settlement determination: 20 days after service of written notice of the determination (20 days after)
- Notify court-connected arbitrator or ADR neutral of settlement: at least 2 days before the scheduled session (2 days before)
- Request for dismissal of entire case after unconditional settlement: 45 days after the date of settlement (45 days after)
- Request for dismissal after conditional settlement: within 45 days after the dismissal date specified in the notice of conditional settlement (45 days after)
- Notice and declaration requesting more time to dismiss after settlement: at least 5 court days before the time to request dismissal elapses (5 court days before)
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
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- Imperial
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- Modoc
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- Monterey
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- Nevada
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- Solano
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- 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.