Trial court writ of mandate (CCP 1088.5 petition, record filed with petition or not required): respondent's answer or response 30 days after service

30 days after date the petition for writ of mandate was served on the respondent, under Cal. Code Civ. Proc. 1089.5.

Rule text

Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond within 30 days after service of the petition. However, where a record of the proceeding to be reviewed has been requested pursuant to Section 11523 of the Government Code, or otherwise, and has not been filed with the petition, the party upon whom the petition has been served, including any real party in interest, shall answer or otherwise respond within 30 days following receipt of a copy of the record.

Cal. Code Civ. Proc. 1089.5, official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the petition for writ of mandate was served on the respondent): 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: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 1089.5
Where a petition for writ of mandate is filed in the trial court pursuant to Section 1088.5, and where a record of the proceedings to be reviewed has been filed with the petition or where no record of a proceeding is required, the respondent shall answer or otherwise respond within 30 days after service of the petition. However, where a record of the proceeding to be reviewed has been requested pursuant to Section 11523 of the Government Code, or otherwise, and has not been filed with the petition, the party upon whom the petition has been served, including any real party in interest, shall answer or otherwise respond within 30 days following receipt of a copy of the record.
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
  • extensions 'none': the statute does not specify the manner of service of the petition (CCP 1088.5 requires only that proof of service be lodged before a hearing); AMBIGUITY whether CCP 1013 extends the period if the petition is served by mail. Calendar the unextended date. If a record has been requested and not filed with the petition, see writ_mandate_answer_30_days_after_record. Courts often set the briefing schedule by order; an order controls. Section amended by Stats. 1983, ch. 818.
  • 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 petition for writ of mandate was served on the respondent on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the petition for writ of mandate was served on the respondent): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

extensions 'none': the statute does not specify the manner of service of the petition (CCP 1088.5 requires only that proof of service be lodged before a hearing); AMBIGUITY whether CCP 1013 extends the period if the petition is served by mail. Calendar the unextended date. If a record has been requested and not filed with the petition, see writ_mandate_answer_30_days_after_record. Courts often set the briefing schedule by order; an order controls. Section amended by Stats. 1983, ch. 818.

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.