Withdraw or correct challenged paper after court's own-motion sanctions OSC (CCP 128.7(c)(2), 128.5(f)(1)(D))

21 days after date the court's order to show cause re sanctions was served, under Cal. Code Civ. Proc. 128.7(c)(2); 128.5(f)(1)(D).

Rule text

CCP 128.7(c)(2): "On its own motion, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b), unless, within 21 days of service of the order to show cause, the challenged paper, claim, defense, contention, allegation, or denial is withdrawn or appropriately corrected." CCP 128.5(f)(1)(D): "... direct an attorney, law firm, or party to show cause why it has made an action or tactic as defined in subdivision (b), unless, within 21 days of service of the order to show cause, the challenged action or tactic is withdrawn or appropriately corrected."

Cal. Code Civ. Proc. 128.7(c)(2); 128.5(f)(1)(D), official source

Calculate this deadline

Deadline
Monday, November 30, 2026
  1. Trigger (Date the court's order to show cause re sanctions was served): Friday, November 6, 2026.
  2. Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
  3. That day is a Day after Thanksgiving, so the deadline moves to the next court day: Monday, November 30, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 128.7(c)(2); 128.5(f)(1)(D)
CCP 128.7(c)(2): "On its own motion, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b), unless, within 21 days of service of the order to show cause, the challenged paper, claim, defense, contention, allegation, or denial is withdrawn or appropriately corrected." CCP 128.5(f)(1)(D): "... direct an attorney, law firm, or party to show cause why it has made an action or tactic as defined in subdivision (b), unless, within 21 days of service of the order to show cause, the challenged action or tactic is withdrawn or appropriately corrected."
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
  • Last day to withdraw or correct to avoid sanctions on the court's OSC. Extensions set to none (conservative: earlier date) because whether CCP 1013 / 1010.6 lengthen this period is not stated; LAWYER REVIEW. Monetary sanctions on the court's own motion require the OSC to issue before voluntary dismissal or settlement (128.7(d)(2); 128.5(f)(2)(B)).
  • 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 court's order to show cause re sanctions was served on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (Date the court's order to show cause re sanctions was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.

Notes

Last day to withdraw or correct to avoid sanctions on the court's OSC. Extensions set to none (conservative: earlier date) because whether CCP 1013 / 1010.6 lengthen this period is not stated; LAWYER REVIEW. Monetary sanctions on the court's own motion require the OSC to issue before voluntary dismissal or settlement (128.7(d)(2); 128.5(f)(2)(B)).

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.