Public works stop payment notice summary proceeding: court hears the motion within 15 days after the motion

15 days after date the motion for determination of rights was made, under Cal. Civ. Code 9408(d).

Rule text

Civ. Code 9408(b): "After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party." (c): "Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail." (d): "The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause."

Cal. Civ. Code 9408(d), official source

Calculate this deadline

Deadline
Friday, November 20, 2026
  1. Trigger (Date the motion for determination of rights was made): Friday, November 6, 2026.
  2. Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
  3. That day is a Saturday, so the deadline moves to the next court day: Friday, November 20, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Civ. Code 9408(d)
Civ. Code 9408(b): "After commencement of the action, either the direct contractor or the claimant may move the court for a determination of rights under the affidavit and counteraffidavit. The party making the motion shall give not less than five days’ notice of the hearing to the public entity and to the other party." (c): "Notwithstanding Section 8116, when notice of the hearing is made by mail, the notice is complete on the fifth day following deposit of the notice in the mail." (d): "The court shall hear the motion within 15 days after the date of the motion, unless the court continues the hearing for good cause."
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 continued for good cause.
  • 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 determination of rights was made on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.

  1. Trigger (Date the motion for determination of rights was made): Monday, March 15, 2027.
  2. Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 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

Unless continued for good cause.

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.