Mechanics lien foreclosure with arbitration agreement: claimant must file and serve motion to stay pending arbitration within 30 days after service of summons and complaint (or waive arbitration)

30 days after date service of the summons and complaint in the lien-enforcement action was complete, under Cal. Code Civ. Proc. 1281.5(a), (b).

Rule text

(b) Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. The failure of a claimant to comply with this subdivision is a waiver of the claimant's right to compel arbitration.

Cal. Code Civ. Proc. 1281.5(a), (b), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date service of the summons and complaint in the lien-enforcement action was complete): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 1281.5(a), (b)
(b) Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. The failure of a claimant to comply with this subdivision is a waiver of the claimant's right to compel arbitration.
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
  • Claimant (plaintiff) deadline; waiver of arbitration if missed. The complaint must also allege the intent not to waive arbitration, or a stay application must be filed with the complaint (1281.5(a)). AMBIGUITY: with multiple defendants, the text does not say whether the period runs from the first or each service; conservative trigger is the first completed service. Defendant's corresponding rule: a 1281.2 petition must be filed at or before the answer (1281.5(c); event-relative, not modeled). Section amended by Stats. 2010, ch. 697, operative July 1, 2012.
  • 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 service of the summons and complaint in the lien-enforcement action was complete on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date service of the summons and complaint in the lien-enforcement action was complete): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Claimant (plaintiff) deadline; waiver of arbitration if missed. The complaint must also allege the intent not to waive arbitration, or a stay application must be filed with the complaint (1281.5(a)). AMBIGUITY: with multiple defendants, the text does not say whether the period runs from the first or each service; conservative trigger is the first completed service. Defendant's corresponding rule: a 1281.2 petition must be filed at or before the answer (1281.5(c); event-relative, not modeled). Section amended by Stats. 2010, ch. 697, operative July 1, 2012.

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.

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.