Writ petition to review lis pendens (expungement / undertaking) order (CCP 405.39): 20 days after service of written notice of the order
20 days after date written notice of the order was served by the court or any party, under Cal. Code Civ. Proc. 405.39.
Rule text
CCP 405.39: "No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate. The petition for writ of mandate shall be filed and served within 20 days of service of written notice of the order by the court or any party. The court which issued the order may, within the initial 20-day period, extend the initial 20-day period for one additional period not to exceed 10 days."
Calculate this deadline
- Trigger (Date written notice of the order was served by the court or any party): Friday, November 6, 2026.
- Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
- That day is a Thanksgiving Day, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 405.39
CCP 405.39: "No order or other action of the court under this chapter shall be appealable. Any party aggrieved by an order made on a motion under this chapter may petition the proper reviewing court to review the order by writ of mandate. The petition for writ of mandate shall be filed and served within 20 days of service of written notice of the order by the court or any party. The court which issued the order may, within the initial 20-day period, extend the initial 20-day period for one additional period not to exceed 10 days."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
- Must be filed AND served within the period. Trial court may extend once by up to 10 days, only within the initial 20 days. The statute is silent on CCP 1013 / 1010.6 extensions; conservatively none (AMBIGUITY). Not appealable. Duplicates CA-APP rule writ_405_39_lis_pendens. Section added Stats. 1992, ch. 883, eff. Jan. 1, 1993. By their terms CCP 1013(a) and 1010.6(a)(3)(B) extend a period that runs from service of a document unless a specific exception exists, and 405.39 states none, so the extended date (5 calendar days for in-state mail, 2 court days for e-service) may also be timely; no published case confirming this was found. Calendar the unextended date. Trial court may extend once by up to 10 days, only within the initial 20 days. Not appealable. [Validation 2026-11, Q0022. Authority: Cal. Code Civ. Proc. 405.39; Cal. Code Civ. Proc. 1013(a); Cal. Code Civ. Proc. 1010.6(a)(3)(C)]
- 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 written notice of the order was served by the court or any party on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date written notice of the order was served by the court or any party): Monday, March 15, 2027.
- Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Unsettled points
- The calculator shows the 405.39 and 425.18 writ deadlines with no mail or e-service days, the earlier date; 437c(m) and 170.3(d) keep the mail days their own text grants.Other reading: If CCP 1013 and 1010.6 extend the 405.39 and 425.18 periods, those deadlines are 5 calendar or 2 court days later.
Notes
Must be filed AND served within the period. Trial court may extend once by up to 10 days, only within the initial 20 days. The statute is silent on CCP 1013 / 1010.6 extensions; conservatively none (AMBIGUITY). Not appealable. Duplicates CA-APP rule writ_405_39_lis_pendens. Section added Stats. 1992, ch. 883, eff. Jan. 1, 1993. By their terms CCP 1013(a) and 1010.6(a)(3)(B) extend a period that runs from service of a document unless a specific exception exists, and 405.39 states none, so the extended date (5 calendar days for in-state mail, 2 court days for e-service) may also be timely; no published case confirming this was found. Calendar the unextended date. Trial court may extend once by up to 10 days, only within the initial 20 days. Not appealable. [Validation 2026-11, Q0022. Authority: Cal. Code Civ. Proc. 405.39; Cal. Code Civ. Proc. 1013(a); Cal. Code Civ. Proc. 1010.6(a)(3)(C)]
Related deadlines
- Writ petition from order on summary judgment / summary adjudication motion (other than entry of summary judgment): 20 days after service of notice of entry (20 days after)
- Writ petition to review order determining judicial disqualification (CCP 170.3(d)): 10 days after service of notice of entry (10 days after)
- Petition for writ of administrative mandamus against a local agency (CCP 1094.6): 90 days after decision becomes final (90 days after)
- Request local agency record to extend CCP 1094.6 petition deadline (10 days after decision becomes final) (10 days after)
- Petition for writ of administrative mandamus against a local agency after timely record request: 30 days after record delivered or mailed (30 days after)
- State agency's power to order reconsideration expires (Gov. Code 11521(a)): 30 days after delivery or mailing of decision (30 days after)
- Petition for writ of mandate to review state agency APA decision (Gov. Code 11523): 30 days after last day reconsideration can be ordered (30 days after)
- Request state agency record to extend Gov. Code 11523 petition deadline (10 days after last day for reconsideration) (10 days after)
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.