Partition (Partition of Real Property Act): objection to court-ordered appraisal not later than 30 days after the court sends notice of the appraisal
30 days after date the court sent notice of the filed appraisal, under Cal. Code Civ. Proc. 874.316(e)(3); 874.311.
Rule text
CCP 874.316(e): "If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following: ... (3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection." CCP 874.311(b): "This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property." (c): "This act applies to actions for partition of real property filed on or after January 1, 2023."
Cal. Code Civ. Proc. 874.316(e)(3); 874.311, official source
Calculate this deadline
- Trigger (Date the court sent notice of the filed appraisal): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- 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).
Cal. Code Civ. Proc. 874.316(e)(3); 874.311
CCP 874.316(e): "If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following: ... (3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection." CCP 874.311(b): "This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property." (c): "This act applies to actions for partition of real property filed on or after January 1, 2023."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
- Applies to tenancy-in-common partition actions filed on or after Jan. 1, 2023 without a binding cotenancy agreement (874.311). Runs from the date the notice is sent; whether CCP 1013 adds days to a court-mailed notice is not addressed, so none added.
- 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 sent notice of the filed appraisal on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the court sent notice of the filed appraisal): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Applies to tenancy-in-common partition actions filed on or after Jan. 1, 2023 without a binding cotenancy agreement (874.311). Runs from the date the notice is sent; whether CCP 1013 adds days to a court-mailed notice is not addressed, so none added.
Related deadlines
- Judicial foreclosure: application for deficiency judgment within 3 months of the foreclosure sale (3 months after)
- Deficiency judgment hearing: notice served on appearing defendants at least 15 days before the hearing (15 days before)
- Deficiency judgment hearing: party's application for appointment of a probate referee to appraise, at least 10 days before the hearing (10 days before)
- Partition: hearing to determine fair market value not sooner than 30 days after notice of the appraisal is sent (30 days after)
- Partition by sale requested: other cotenants' election to buy out the requesting cotenants, not later than 45 days after the court's buyout notice (45 days after)
- Partition buyout: court-set date for electing cotenants to pay their price into court, not sooner than 60 days after notice (60 days after)
- Partition buyout: a paying cotenant's election to buy the remaining interest (after another electing cotenant fails to pay), not later than 20 days after the court's notice (20 days after)
- Partition open-market sale: parties may agree on a licensed broker not later than 10 days after entry of the sale order (else court appoints) (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.