Relief from default/judgment for mistake, inadvertence, surprise, or excusable neglect (outer limit)
6 months after date the judgment, dismissal, order, or proceeding was taken, under Cal. Code Civ. Proc. 473(b).
Rule text
Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.
Calculate this deadline
- Trigger (Date the judgment, dismissal, order, or proceeding was taken): Friday, November 6, 2026.
- Add 6 months: Thursday, May 6, 2027.
Cal. Code Civ. Proc. 473(b)
Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.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
- The period is SIX MONTHS, not a fixed day count: compute by calendar months (same date six months later) and apply CCP 12a; the 'days: 182' value is an approximation only and the engine should use period_unit/period_value. Must also be 'within a reasonable time', which can be shorter. Two versions of 473 exist (AB 747): the version in force until 2027-01-01 and a replacement operative 2027-01-01; both contain the quoted six-month language.
- 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 judgment, dismissal, order, or proceeding was taken on Monday, March 15, 2027, personal service: due Wednesday, September 15, 2027.
- Trigger (Date the judgment, dismissal, order, or proceeding was taken): Monday, March 15, 2027.
- Add 6 months: Wednesday, September 15, 2027.
Notes
The period is SIX MONTHS, not a fixed day count: compute by calendar months (same date six months later) and apply CCP 12a; the 'days: 182' value is an approximation only and the engine should use period_unit/period_value. Must also be 'within a reasonable time', which can be shorter. Two versions of 473 exist (AB 747): the version in force until 2027-01-01 and a replacement operative 2027-01-01; both contain the quoted six-month language.
Related deadlines
- Notice of intention to move for new trial (15 days after)
- Court's power to rule on new trial motion expires (75 days after)
- Memorandum of costs (trial costs) (15 days after)
- Motion to strike or tax costs (15 days after)
- Motion for judgment notwithstanding the verdict (JNOV): 15 days after service of notice of entry of judgment (15 days after)
- JNOV motion: 180-day outer limit after entry of judgment (180 days after)
- JNOV or new trial by another party: 15 days after service of first notice of intention (15 days after)
- Court's power to rule on JNOV motion expires (75 days after notice of entry) (75 days 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.