SLAPPback special motion to strike: hearing to be set not more than 30 days after service of the motion

30 days after date the slappback special motion to strike was served, under Cal. Code Civ. Proc. 425.18(d)(2).

Rule text

CCP 425.18(d): "(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:(A) Within 120 days of the service of the complaint.(B) At the court’s discretion, within six months of the service of the complaint.(C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.(2) The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing."

Cal. Code Civ. Proc. 425.18(d)(2), official source

Calculate this deadline

Deadline
Friday, December 4, 2026
  1. Trigger (Date the SLAPPback special motion to strike was served): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, so the deadline moves to the next court day: Friday, December 4, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 425.18(d)(2)
CCP 425.18(d): "(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:(A) Within 120 days of the service of the complaint.(B) At the court’s discretion, within six months of the service of the complaint.(C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.(2) The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing."
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
  • Clerk sets the hearing; later date allowed if docket conditions require. Unlike 425.16(f), the 30 days runs from service of the motion, not filing.
  • 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 SLAPPback special motion to strike was served on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the SLAPPback special motion to strike was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Unsettled points

  • These are court-set dates; the calculator shows the last court day inside each statutory window, the date a court is most likely to use, and labels it court-set.Other reading: If CCP 12a extends these windows, a weekend or holiday last day rolls forward and the hearing may be one to three days later.

Notes

Clerk sets the hearing; later date allowed if docket conditions require. Unlike 425.16(f), the 30 days runs from service of the motion, not filing.

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.