Notice and declaration requesting more time to dismiss after settlement: at least 5 court days before the time to request dismissal elapses

5 court days before last day to request dismissal under rule 3.1385(b) or (c) (compute with settlement_request_for_dismissal or settlement_request_for_dismissal_conditional), under Cal. Rules of Court, rule 3.1385(e).

Rule text

CRC 3.1385(e): "If a party who has served and filed a notice of settlement under (a) determines that the case cannot be dismissed within the prescribed 45 days, that party must serve and file a notice and a supporting declaration advising the court of that party's inability to dismiss the case within the prescribed time, showing good cause for its inability to do so, and proposing an alternative date for dismissal. The notice and a supporting declaration must be served and filed at least 5 court days before the time for requesting dismissal has elapsed."

Cal. Rules of Court, rule 3.1385(e), official source

Calculate this deadline

Deadline
Friday, October 30, 2026
  1. Trigger (Last day to request dismissal under rule 3.1385(b) or (c) (compute with settlement_request_for_dismissal or settlement_request_for_dismissal_conditional)): Friday, November 6, 2026.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
Rules applied
Cal. Rules of Court, rule 3.1385(e)
CRC 3.1385(e): "If a party who has served and filed a notice of settlement under (a) determines that the case cannot be dismissed within the prescribed 45 days, that party must serve and file a notice and a supporting declaration advising the court of that party's inability to dismiss the case within the prescribed time, showing good cause for its inability to do so, and proposing an alternative date for dismissal. The notice and a supporting declaration must be served and filed at least 5 court days before the time for requesting dismissal has elapsed."
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
  • CORRECTION to task description: this 5-court-day requirement is in 3.1385(e) (adopted eff. Jan. 1, 2009), not (c)(2). Count backward 5 court days from the last day to request dismissal; if that last day itself was extended to a court day, use the extended day. If good cause is shown, the court must continue the matter.
  • 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

Last day to request dismissal under rule 3.1385(b) or (c) (compute with settlement_request_for_dismissal or settlement_request_for_dismissal_conditional) on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.

  1. Trigger (Last day to request dismissal under rule 3.1385(b) or (c) (compute with settlement_request_for_dismissal or settlement_request_for_dismissal_conditional)): Monday, March 15, 2027.
  2. Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.

Notes

CORRECTION to task description: this 5-court-day requirement is in 3.1385(e) (adopted eff. Jan. 1, 2009), not (c)(2). Count backward 5 court days from the last day to request dismissal; if that last day itself was extended to a court day, use the extended day. If good cause is shown, the court must continue the matter.

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.