Court's power to rule on CCP 663 motion to vacate expires (75 days after notice of entry)
75 days after earlier of: date the clerk mailed notice of entry (ccp 664.5) or date a party served written notice of entry on the moving party, under Cal. Code Civ. Proc. 663a(b).
Rule text
CCP 663a(b): "(b) Except as otherwise provided in Section 12a, the power of the court to rule on a motion to set aside and vacate a judgment shall expire 75 days from the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or 75 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move to set aside and vacate the judgment. If that motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court."
Calculate this deadline
- Trigger (Earlier of: date the clerk mailed notice of entry (CCP 664.5) or date a party served written notice of entry on the moving party): Friday, November 6, 2026.
- Exclude the trigger day and count 75 calendar days: Wednesday, January 20, 2027.
Cal. Code Civ. Proc. 663a(b)
CCP 663a(b): "(b) Except as otherwise provided in Section 12a, the power of the court to rule on a motion to set aside and vacate a judgment shall expire 75 days from the mailing of notice of entry of judgment by the clerk of the court pursuant to Section 664.5, or 75 days after service upon the moving party by any party of written notice of entry of the judgment, whichever is earlier, or if that notice has not been given, 75 days after the filing of the first notice of intention to move to set aside and vacate the judgment. If that motion is not determined within the 75-day period, or within that period as extended, the effect shall be a denial of the motion without further order of the court."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
- Jurisdictional; unruled motion is denied by operation of law. CCP 12a roll expressly preserved. If no notice was given, see vacate_judgment_court_power_expires_no_notice.
- 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
Earlier of: date the clerk mailed notice of entry (CCP 664.5) or date a party served written notice of entry on the moving party on Monday, March 15, 2027, personal service: due Tuesday, June 1, 2027.
- Trigger (Earlier of: date the clerk mailed notice of entry (CCP 664.5) or date a party served written notice of entry on the moving party): Monday, March 15, 2027.
- Exclude the trigger day and count 75 calendar days: Saturday, May 29, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Tuesday, June 1, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Notes
Jurisdictional; unruled motion is denied by operation of law. CCP 12a roll expressly preserved. If no notice was given, see vacate_judgment_court_power_expires_no_notice.
Related deadlines
- Notice of intention to move for new trial (15 days after)
- Court's power to rule on new trial motion expires (75 days after)
- Memorandum of costs (trial costs) (15 days after)
- Motion to strike or tax costs (15 days after)
- Relief from default/judgment for mistake, inadvertence, surprise, or excusable neglect (outer limit) (6 months after)
- Motion for judgment notwithstanding the verdict (JNOV): 15 days after service of notice of entry of judgment (15 days after)
- JNOV motion: 180-day outer limit after entry of judgment (180 days after)
- JNOV or new trial by another party: 15 days after service of first notice of intention (15 days after)
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.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.