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 date written notice of entry of the order was served on the petitioning party, under Cal. Code Civ. Proc. 437c(m)(1).
Rule text
CCP 437c(m)(1): "Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and before the expiration of the initial period, extend the time for one additional period not to exceed 10 days."
Calculate this deadline
- Trigger (Date written notice of entry of the order was served on the petitioning 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. 437c(m)(1)
CCP 437c(m)(1): "Upon entry of an order pursuant to this section, except the entry of summary judgment, a party may, within 20 days after service upon the party of a written notice of entry of the order, petition an appropriate reviewing court for a peremptory writ. If the notice is served by mail, the initial period within which to file the petition shall be increased by five days if the place of address is within the State of California, 10 days if the place of address is outside the State of California but within the United States, and 20 days if the place of address is outside the United States. If the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery, the initial period within which to file the petition shall be increased by two court days. The superior court may, for good cause, and before the expiration of the initial period, extend the time 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
- Statute contains its own service add-ons (service_method_adjustments). The trial court may extend once, for up to 10 days, only for good cause and before the initial period expires. Entry of summary judgment itself is reviewed by appeal, not this writ. Duplicates CA-APP rule writ_437c_m_summary_adjudication (same computation); keep both in sync. Section last amended Stats. 2024, ch. 99 (AB 2049), eff. Jan. 1, 2025.
- 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 entry of the order was served on the petitioning party on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Date written notice of entry of the order was served on the petitioning 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
Statute contains its own service add-ons (service_method_adjustments). The trial court may extend once, for up to 10 days, only for good cause and before the initial period expires. Entry of summary judgment itself is reviewed by appeal, not this writ. Duplicates CA-APP rule writ_437c_m_summary_adjudication (same computation); keep both in sync. Section last amended Stats. 2024, ch. 99 (AB 2049), eff. Jan. 1, 2025.
Related deadlines
- Writ petition to review order determining judicial disqualification (CCP 170.3(d)): 10 days after service of notice of entry (10 days after)
- 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)
- 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.