Trial preference (CCP 36(b), party under 14) in health care professional negligence action: trial date not sooner than 6 months after grant
6 months after date the ccp 36(b) motion for preference was granted in a professional negligence action against a health care provider, under Cal. Code Civ. Proc. 36(g).
Rule text
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider's alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.
Calculate this deadline
- Trigger (Date the CCP 36(b) motion for preference was granted in a professional negligence action against a health care provider): Friday, November 6, 2026.
- Add 6 months: Thursday, May 6, 2027.
Cal. Code Civ. Proc. 36(g)
(g) Upon the granting of a motion for preference pursuant to subdivision (b), a party in an action based upon a health provider's alleged professional negligence, as defined in Section 364, shall receive a trial date not sooner than six months and not later than nine months from the date that the motion is granted.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
- Earliest permissible trial date. roll default moves the date later if not a court day (safe direction). Window closes at 9 months (preference_trial_med_mal_minor_window_closes).
- 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 CCP 36(b) motion for preference was granted in a professional negligence action against a health care provider on Monday, March 15, 2027, personal service: due Wednesday, September 15, 2027.
- Trigger (Date the CCP 36(b) motion for preference was granted in a professional negligence action against a health care provider): Monday, March 15, 2027.
- Add 6 months: Wednesday, September 15, 2027.
Notes
Earliest permissible trial date. roll default moves the date later if not a court day (safe direction). Window closes at 9 months (preference_trial_med_mal_minor_window_closes).
Related 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.
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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.