Amend or answer after ruling on demurrer

10 days after service of notice of the ruling on the demurrer (or the ruling date, if notice was waived in open court and entered in the minutes), under Cal. Rules of Court, rule 3.1320(g), (j).

Rule text

(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted. [...] (j) Time to respond after demurrer Unless otherwise ordered, defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following: (1) The overruling of the demurrer; (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or (3) The sustaining of the demurrer if the demurrer was sustained without leave to amend.

Cal. Rules of Court, rule 3.1320(g), (j), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Service of notice of the ruling on the demurrer (or the ruling date, if notice was waived in open court and entered in the minutes)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Rules of Court, rule 3.1320(g), (j)
(g) Leave to answer or amend Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted. [...] (j) Time to respond after demurrer Unless otherwise ordered, defendant has 10 days to answer or otherwise plead to the complaint or the remaining causes of action following: (1) The overruling of the demurrer; (2) The expiration of the time to amend if the demurrer was sustained with leave to amend; or (3) The sustaining of the demurrer if the demurrer was sustained without leave to amend.
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
  • CCP 472b: the time to amend or answer runs from service of notice of the decision, unless notice is waived in open court and the waiver entered in the minutes; CCP 1013/1010.6 extensions apply when it runs from service. If notice was waived, enter the ruling date and choose in-person service. AMBIGUITY: whether the 10 days runs from the ruling itself or from service of notice of the ruling (which would bring in CCP 1013/1010.6) when the ruling is made outside the parties' presence. Conservative: count from the ruling date with no extension. UD: 5 calendar days. Court orders frequently set a different period. Per CCP 472b, time runs from service of notice of the ruling unless notice is waived; service-method extensions apply.
  • 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

Service of notice of the ruling on the demurrer (or the ruling date, if notice was waived in open court and entered in the minutes) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Service of notice of the ruling on the demurrer (or the ruling date, if notice was waived in open court and entered in the minutes)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

CCP 472b: the time to amend or answer runs from service of notice of the decision, unless notice is waived in open court and the waiver entered in the minutes; CCP 1013/1010.6 extensions apply when it runs from service. If notice was waived, enter the ruling date and choose in-person service. AMBIGUITY: whether the 10 days runs from the ruling itself or from service of notice of the ruling (which would bring in CCP 1013/1010.6) when the ruling is made outside the parties' presence. Conservative: count from the ruling date with no extension. UD: 5 calendar days. Court orders frequently set a different period. Per CCP 472b, time runs from service of notice of the ruling unless notice is waived; service-method extensions apply.

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.