Request for dismissal after conditional settlement: within 45 days after the dismissal date specified in the notice of conditional settlement

45 days after dismissal date specified in the notice of conditional settlement, under Cal. Rules of Court, rule 3.1385(c)(1), (2).

Rule text

CRC 3.1385(c)(1): "If the settlement agreement conditions dismissal of the entire case on the satisfactory completion of specified terms that are not to be performed within 45 days of the settlement, including payment in installment payments, the notice of conditional settlement served and filed by each plaintiff or other party seeking affirmative relief must specify the date by which the dismissal is to be filed." CRC 3.1385(c)(2): "If the plaintiff or other party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed."

Cal. Rules of Court, rule 3.1385(c)(1), (2), official source

Calculate this deadline

Deadline
Monday, December 21, 2026
  1. Trigger (Dismissal date specified in the notice of conditional settlement): Friday, November 6, 2026.
  2. Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Rules applied
Cal. Rules of Court, rule 3.1385(c)(1), (2)
CRC 3.1385(c)(1): "If the settlement agreement conditions dismissal of the entire case on the satisfactory completion of specified terms that are not to be performed within 45 days of the settlement, including payment in installment payments, the notice of conditional settlement served and filed by each plaintiff or other party seeking affirmative relief must specify the date by which the dismissal is to be filed." CRC 3.1385(c)(2): "If the plaintiff or other party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the entire case unless good cause is shown why the case should not be dismissed."
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
  • LAWYER REVIEW: (c)(1) says the notice specifies 'the date by which the dismissal is to be filed', while (c)(2) measures the court's dismissal power from '45 days after the dismissal date specified in the notice'. This rule models the outer limit in (c)(2); the conservative target is the specified dismissal date itself. The court may not set appearance hearings earlier than 45 days after the specified dismissal date unless a party requests (3.1385(c)(3)(A)); OSC re sanctions and 877.6 hearings are excepted (3.1385(c)(3)(B)). For collections cases, filing the notice vacates all hearing, CMC, and trial dates (CRC 3.741).
  • 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

Dismissal date specified in the notice of conditional settlement on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.

  1. Trigger (Dismissal date specified in the notice of conditional settlement): Monday, March 15, 2027.
  2. Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.

Notes

LAWYER REVIEW: (c)(1) says the notice specifies 'the date by which the dismissal is to be filed', while (c)(2) measures the court's dismissal power from '45 days after the dismissal date specified in the notice'. This rule models the outer limit in (c)(2); the conservative target is the specified dismissal date itself. The court may not set appearance hearings earlier than 45 days after the specified dismissal date unless a party requests (3.1385(c)(3)(A)); OSC re sanctions and 877.6 hearings are excepted (3.1385(c)(3)(B)). For collections cases, filing the notice vacates all hearing, CMC, and trial dates (CRC 3.741).

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.