Nonresident or foreign-corporation plaintiff: file undertaking for costs and fees within 30 days after service of order requiring it (or dismissal)

30 days after date the court's order requiring the ccp 1030 undertaking was served on the plaintiff, under Cal. Code Civ. Proc. 1030(d).

Rule text

(d) The plaintiff shall file the undertaking not later than 30 days after service of the court's order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff's action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made.

Cal. Code Civ. Proc. 1030(d), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the court's order requiring the CCP 1030 undertaking was served on the plaintiff): 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. 1030(d)
(d) The plaintiff shall file the undertaking not later than 30 days after service of the court's order requiring it or within a greater time allowed by the court. If the plaintiff fails to file the undertaking within the time allowed, the plaintiff's action or special proceeding shall be dismissed as to the defendant in whose favor the order requiring the undertaking was made.
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
  • Court may allow a greater time. Dismissal as to the moving defendant if missed. extensions 'general' (service-triggered); conservative: file within the unextended 30 days. Order is not appealable (1030(g)). Section amended by Stats. 1988, ch. 189.
  • 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 court's order requiring the CCP 1030 undertaking was served on the plaintiff on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the court's order requiring the CCP 1030 undertaking was served on the plaintiff): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Court may allow a greater time. Dismissal as to the moving defendant if missed. extensions 'general' (service-triggered); conservative: file within the unextended 30 days. Order is not appealable (1030(g)). Section amended by Stats. 1988, ch. 189.

Related deadlines

All California civil deadlines

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.