Motion to add punitive damages against health care provider (CCP 425.13): not less than 9 months before the date first set for trial (earlier-of limit)

9 months before date the matter was first set for trial, under Cal. Code Civ. Proc. 425.13(a).

Rule text

The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.

Cal. Code Civ. Proc. 425.13(a), official source

Calculate this deadline

Deadline
Friday, February 6, 2026
  1. Trigger (Date the matter was FIRST set for trial): Friday, November 6, 2026.
  2. Subtract 9 months: Friday, February 6, 2026.
Rules applied
Cal. Code Civ. Proc. 425.13(a)
The court shall not grant a motion allowing the filing of an amended pleading that includes a claim for punitive damages if the motion for such an order is not filed within two years after the complaint or initial pleading is filed or not less than nine months before the date the matter is first set for trial, whichever is earlier.
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
  • Actions for professional negligence of a health care provider (425.13(b) definition). The court may not grant the motion if it is filed after the EARLIER of: 2 years after the complaint or initial pleading was filed, or 9 months before the date the matter is first set for trial. Compute both rules and use the earlier date. Section amended by Stats. 1988, ch. 1205. Uses the date FIRST set for trial; a later continuance does not extend it. Cross-reference: punitive_damages_health_care_motion_2_years.
  • 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 matter was FIRST set for trial on Monday, March 15, 2027, personal service: due Monday, June 15, 2026.

  1. Trigger (Date the matter was FIRST set for trial): Monday, March 15, 2027.
  2. Subtract 9 months: Monday, June 15, 2026.

Notes

Actions for professional negligence of a health care provider (425.13(b) definition). The court may not grant the motion if it is filed after the EARLIER of: 2 years after the complaint or initial pleading was filed, or 9 months before the date the matter is first set for trial. Compute both rules and use the earlier date. Section amended by Stats. 1988, ch. 1205. Uses the date FIRST set for trial; a later continuance does not extend it. Cross-reference: punitive_damages_health_care_motion_2_years.

Related deadlines

All California civil deadlines

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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.