Motion for judgment on the pleadings: last day to make it without leave, 30 days before the date the action was initially set for trial
31 days before date the action was initially set for trial, under Cal. Code Civ. Proc. 438(e).
Rule text
(e) No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits.
Calculate this deadline
- Trigger (Date the action was INITIALLY set for trial): Friday, November 6, 2026.
- Count back 31 calendar days: Tuesday, October 6, 2026.
Cal. Code Civ. Proc. 438(e)
(e) No motion may be made pursuant to this section if a pretrial conference order has been entered pursuant to Section 575, or within 30 days of the date the action is initially set for trial, whichever is later, unless the court otherwise permits.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 last day to act is the day before the 30-day window opens (independent review). Use the INITIAL trial date; a continuance does not reopen the window ('initially set for trial'). The court may permit a later motion. AMBIGUITY: 'within 30 days of' the trial date is read as the 30-day period ending on the trial date, so the motion must be made (filed and served) no later than the 30th day before; if that day is not a court day the conservative choice is the preceding court day. The alternative pretrial-conference-order bar (CCP 575) applies only if later and is rare (not modeled). Also note motion hearing notice periods (CCP 1005(b)) and meet-and-confer (CCP 439, rule jop_meet_and_confer). Section amended by Stats. 1994, ch. 493.
- 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 action was INITIALLY set for trial on Monday, March 15, 2027, personal service: due Thursday, February 11, 2027.
- Trigger (Date the action was INITIALLY set for trial): Monday, March 15, 2027.
- Count back 31 calendar days: Friday, February 12, 2027.
- That day is a Lincoln's Birthday. Counting backward, this calculator uses the earlier court day so the full notice period is preserved: Thursday, February 11, 2027 (see Cal. Code Civ. Proc. 12c).
Notes
The last day to act is the day before the 30-day window opens (independent review). Use the INITIAL trial date; a continuance does not reopen the window ('initially set for trial'). The court may permit a later motion. AMBIGUITY: 'within 30 days of' the trial date is read as the 30-day period ending on the trial date, so the motion must be made (filed and served) no later than the 30th day before; if that day is not a court day the conservative choice is the preceding court day. The alternative pretrial-conference-order bar (CCP 575) applies only if later and is rare (not modeled). Also note motion hearing notice periods (CCP 1005(b)) and meet-and-confer (CCP 439, rule jop_meet_and_confer). Section amended by Stats. 1994, ch. 493.
Related deadlines
- Noticed motion: serve and file moving papers before hearing (16 court days before)
- Noticed motion: opposition (9 court days before)
- Noticed motion: reply (5 court days before)
- Motion for summary judgment / adjudication: notice before hearing (81 days before)
- Motion for summary judgment: opposition (20 days before)
- Motion for summary judgment: reply (11 days before)
- Motion for summary judgment: last day for hearing before trial (30 days before)
- Ex parte application: notice to other parties (1 court day 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
- 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.