Trial preference granted (CCP 36): trial must be set not more than 120 days after the grant
120 days after date the motion for trial preference was granted, under Cal. Code Civ. Proc. 36(f).
Rule text
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.
Calculate this deadline
- Trigger (Date the motion for trial preference was granted): Friday, November 6, 2026.
- Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Friday, March 5, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Cal. Code Civ. Proc. 36(f)
(f) Upon the granting of such a motion for preference, the court shall set the matter for trial not more than 120 days from that date and there shall be no continuance beyond 120 days from the granting of the motion for preference except for physical disability of a party or a party's attorney, or upon a showing of good cause stated in the record. Any continuance shall be for no more than 15 days and no more than one continuance for physical disability may be granted to any party.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
- Latest permissible trial date (court-set); docket to verify the setting and to plan expedited discovery (CCP 2024.020 cutoffs run from that trial date). roll 'none': the trial must begin on a court day on or before the computed date. Exceptions: physical disability of a party or attorney, or good cause stated on the record; any continuance is limited to 15 days, and only one disability continuance per party. Medical-malpractice preference for a party under 14: see preference_trial_med_mal_minor_window_opens / _closes. Section amended by Stats. 2008, ch. 218.
- 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 for trial preference was granted on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date the motion for trial preference was granted): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Unsettled points
- These are court-set dates; the calculator shows the last court day inside each statutory window, the date a court is most likely to use, and labels it court-set.Other reading: If CCP 12a extends these windows, a weekend or holiday last day rolls forward and the hearing may be one to three days later.
Notes
Latest permissible trial date (court-set); docket to verify the setting and to plan expedited discovery (CCP 2024.020 cutoffs run from that trial date). roll 'none': the trial must begin on a court day on or before the computed date. Exceptions: physical disability of a party or attorney, or good cause stated on the record; any continuance is limited to 15 days, and only one disability continuance per party. Medical-malpractice preference for a party under 14: see preference_trial_med_mal_minor_window_opens / _closes. Section amended by Stats. 2008, ch. 218.
Related deadlines
- 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)
- Trial preference (CCP 36(b), party under 14) in health care professional negligence action: trial date not later than 9 months after grant (9 months 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.