Writ of mandate after denial of motion to quash / forum non conveniens
10 days after date written notice of entry of the order denying the motion was served, under Cal. Code Civ. Proc. 418.10(c).
Rule text
If the motion is denied by the trial court, the defendant, within 10 days after service upon him or her of a written notice of entry of an order of the court denying his or her motion, or within any further time not exceeding 20 days that the trial court may for good cause allow, and before pleading, may petition an appropriate reviewing court for a writ of mandate to require the trial court to enter its order quashing the service of summons or staying or dismissing the action.
Calculate this deadline
- Trigger (Date written notice of entry of the order denying the motion was served): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Cal. Code Civ. Proc. 418.10(c)
If the motion is denied by the trial court, the defendant, within 10 days after service upon him or her of a written notice of entry of an order of the court denying his or her motion, or within any further time not exceeding 20 days that the trial court may for good cause allow, and before pleading, may petition an appropriate reviewing court for a writ of mandate to require the trial court to enter its order quashing the service of summons or staying or dismissing the action.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
- Conservative: no CCP 1013/1010.6 extension applied (whether it applies is unsettled). Trial court may allow further time not exceeding 20 days (order must be obtained; ambiguity: whether the 20 days is in addition to or in place of the 10 days; text reads 'or within any further time not exceeding 20 days', read conservatively as total time set by the order). Petition must be filed before pleading. Whether CCP 1013 extends this writ period when notice is mailed: 1013(a) applies absent a specific exception, but lawyers should not rely on the add-on for a jurisdictional writ period; file within 10 days of service to be safe. CCP 1013 extends this period when notice of entry is mailed (Shearer v. Superior Court (1977) 70 Cal.App.3d 424, 426); the unextended date is shown as the safe deadline. [Validation 2026-11, Q0011. Authority: Shearer v. Superior Court (1977) 70 Cal.App.3d 424, 426; Aquino v. Superior Court (Dec. 23, 2021, A162836) __ Cal.App.5th __ [certified for publication]; Cal. Code Civ. Proc. 1013(a)]
- 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 written notice of entry of the order denying the motion was served on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Date written notice of entry of the order denying the motion was served): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Conservative: no CCP 1013/1010.6 extension applied (whether it applies is unsettled). Trial court may allow further time not exceeding 20 days (order must be obtained; ambiguity: whether the 20 days is in addition to or in place of the 10 days; text reads 'or within any further time not exceeding 20 days', read conservatively as total time set by the order). Petition must be filed before pleading. Whether CCP 1013 extends this writ period when notice is mailed: 1013(a) applies absent a specific exception, but lawyers should not rely on the add-on for a jurisdictional writ period; file within 10 days of service to be safe. CCP 1013 extends this period when notice of entry is mailed (Shearer v. Superior Court (1977) 70 Cal.App.3d 424, 426); the unextended date is shown as the safe deadline. [Validation 2026-11, Q0011. Authority: Shearer v. Superior Court (1977) 70 Cal.App.3d 424, 426; Aquino v. Superior Court (Dec. 23, 2021, A162836) __ Cal.App.5th __ [certified for publication]; Cal. Code Civ. Proc. 1013(a)]
Related deadlines
- Notice of appeal (unlimited civil, to Court of Appeal) (60 days after)
- Notice of appeal, unlimited civil (180 days after entry of judgment, when no notice of entry was served) (180 days after)
- Notice of appeal (limited civil, to appellate division) (30 days after)
- Notice of appeal, limited civil (90 days after entry of judgment, when no notice of entry was served) (90 days after)
- Writ of mandate after order granting or denying change of venue (20 days after)
- Notice of appeal from order granting or denying anti-SLAPP motion (60 days after notice of entry) (60 days after)
- Notice of appeal from anti-SLAPP order: 180-day outer limit after entry of the order (180 days after)
- Writ of mandate from coordination order (CCP 404 et seq.) (20 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.