CCP 1030 motion for undertaking filed within 30 days after service of summons (makes defendant eligible for a discretionary stay)

30 days after date service of the summons on the defendant was complete, under Cal. Code Civ. Proc. 1030(a), (e).

Rule text

(e) If the defendant's motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons.

Cal. Code Civ. Proc. 1030(a), (e), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date service of the summons on the defendant 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. 1030(a), (e)
(e) If the defendant's motion for an order requiring an undertaking is filed not later than 30 days after service of summons on the defendant, further proceedings may be stayed in the discretion of the court upon application to the court by the defendant by noticed motion for the stay until 10 days after the motion for the undertaking is denied or, if granted, until 10 days after the required undertaking has been filed and the defendant has been served with a copy of the undertaking. The hearing on the application for the stay shall be held not later than 60 days after service of the summons.
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 undertaking motion itself may be made 'at any time' (1030(a)); this date only controls eligibility for a stay. The stay is discretionary and requires a separate noticed motion, which must be HEARD within 60 days after service of summons (see nonresident_plaintiff_stay_hearing_60_days). Use summons completion rules for the trigger (e.g. substituted service complete on the 10th day after mailing).
  • 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 on the defendant was complete on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date service of the summons on the defendant was complete): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

The undertaking motion itself may be made 'at any time' (1030(a)); this date only controls eligibility for a stay. The stay is discretionary and requires a separate noticed motion, which must be HEARD within 60 days after service of summons (see nonresident_plaintiff_stay_hearing_60_days). Use summons completion rules for the trigger (e.g. substituted service complete on the 10th day after mailing).

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.