United States · California Code of Civil Procedure
How much time does California allow for CCP 473(b) relief?
CCP 473(b) requires an application within a reasonable time, never more than six months after the identified judgment, dismissal, order or proceeding.
- Period
- The existing flagged preset cannot establish reasonable time, select the attorney-fault or voidness branch, or resolve edition-specific relief. No computed or paid application date is published.
- Trigger
- The identified judgment, dismissal, order or proceeding and the circumstances of delay
- Rule
- CCP 473(b)
Official current section reviewed. (Amended by Stats. 2025, Ch. 563, Sec. 12. (AB 747) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions. See later operative version added by Sec. 13 of Stats. 2025, Ch. 563.)
Source guide · No automated date
How much time does California allow for CCP 473(b) relief?
The existing flagged preset cannot establish reasonable time, select the attorney-fault or voidness branch, or resolve edition-specific relief. No computed or paid application date is published.
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Which event starts this CCP 473(b) inquiry?
The identified judgment, dismissal, order or proceeding and the circumstances of delay
A six-month arithmetic result does not establish a reasonable time. Attorney-fault and voidness relief have separate conditions.
Responsible actor. The party seeking the identified mistake, inadvertence, surprise or excusable-neglect relief. Establish the relief branch, affected act, reasonable-time facts, required proposed pleading and any attorney-fault or voidness issue. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 473(b)Which comparisons must be resolved before counting?
- The identified judgment, dismissal, order or proceeding and the circumstances of delay
- A six-month arithmetic result does not establish a reasonable time. Attorney-fault and voidness relief have separate conditions.
- Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
- Apply within a reasonable time with the required proposed pleading. Identify whether the discretionary, attorney-affidavit or void-order branch is actually invoked.
CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 12, exclusion of the first dayWhat distinguishes the statutory branches?
Assume two parties seek relief after the same affected order but have different reasons for delay. An identical six-month anniversary does not establish that both applications are within a reasonable time.
The existing flagged preset cannot establish reasonable time, select the attorney-fault or voidness branch, or resolve edition-specific relief. No computed or paid application date is published.
Which qualifications change this procedure?
- Reasonable time
- The outside six-month limit does not grant permission to delay until its last day. The application must also be made within a reasonable time.
- Attorney-fault branch
- The attorney-affidavit provision addresses specified defaults, default judgments and dismissals, with its own proper-form, causation and timing conditions.
- Current and future edition
- The retained 2026 text expires January 1, 2027. A separately retained operative-2027 edition adds a specific improper-service default-judgment provision; do not apply that future provision early.
- Service methods and distinct statutory additions
- These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
- Edition and calendar coverage
- The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
- Establish the relief branch, affected act, reasonable-time facts, required proposed pleading and any attorney-fault or voidness issue. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The existing flagged preset cannot establish reasonable time, select the attorney-fault or voidness branch, or resolve edition-specific relief. No computed or paid application date is published.
Which acts and evidence must be preserved?
Questions about CCP 473(b)
How much time does California allow for CCP 473(b) relief?
Is six months a guaranteed safe application date?
No. The statutory reasonable-time requirement may require earlier action.
CCP 473(b)Is a proposed pleading required?
The described discretionary application must be accompanied by the proposed answer or other pleading, otherwise it shall not be granted.
CCP 473(b)Does the 2027 improper-service provision already govern in 2026?
No. The official separately selected edition states its January 1, 2027 operative date. The current guide uses the retained 2026 edition.
CCP 473Official California sources and edition review
Provisions used (13)
| Provision | Purpose |
|---|---|
| CCP 473(b) | The particular actor, event, period and required act |
| CCP 473(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 473 | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |