Motion to transfer (CCP 396b) denied: defendant that has not responded is deemed granted 30 calendar days to move, demur, or otherwise plead

30 days after date the motion to transfer under ccp 396b was denied, under Cal. Rules of Court, rule 3.1326.

Rule text

Following denial of a motion to transfer under Code of Civil Procedure section 396b, unless otherwise ordered, 30 calendar days are deemed granted defendant to move to strike, demur, or otherwise plead if the defendant has not previously filed a response.

Cal. Rules of Court, rule 3.1326, official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the motion to transfer under CCP 396b was denied): 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. Rules of Court, rule 3.1326
Following denial of a motion to transfer under Code of Civil Procedure section 396b, unless otherwise ordered, 30 calendar days are deemed granted defendant to move to strike, demur, or otherwise plead if the defendant has not previously filed a response.
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
  • Unless the court orders otherwise. Runs from the denial; no service extension stated. The GRANTED-motion branch (30 days from the receiving court's notice of receipt and new case number) is already covered by respond_after_venue_transfer_granted (CCP 586(a)(6)(B)). If a writ petition under CCP 400 is pending, the court sets the time (CCP 586(a)(6)(C)). Rule amended eff. Jan. 1, 2016.
  • 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 motion to transfer under CCP 396b was denied on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the motion to transfer under CCP 396b was denied): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Unless the court orders otherwise. Runs from the denial; no service extension stated. The GRANTED-motion branch (30 days from the receiving court's notice of receipt and new case number) is already covered by respond_after_venue_transfer_granted (CCP 586(a)(6)(B)). If a writ petition under CCP 400 is pending, the court sets the time (CCP 586(a)(6)(C)). Rule amended eff. Jan. 1, 2016.

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.