United States · California summary judgment
How close to trial may California summary judgment be heard?
CCP 437c(a)(3) ordinarily requires the motion heard no later than 30 days before trial, unless the court orders otherwise for good cause.
- Period
- 30 calendar days for the disclosed component
- Trigger
- The actual scheduled trial date
- Rule
- CCP 437c(a)(3)
Stats. 2024, Ch. 99, Sec. 1 (AB 2049), effective January 1, 2025; official text reviewed
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What starts the CCP 437c(a)(3) requirement?
The actual scheduled trial date
Verify the actual trial date and any order changing the hearing limit. A calculated boundary neither reserves a hearing nor proves the court will hear the motion.
Responsible actor. The moving party establishing a permissible hearing with the court. Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.
CCP 437c(a)(3)How is this hearing-based period counted?
- The actual scheduled trial date
- Verify the actual trial date and any order changing the hearing limit. A calculated boundary neither reserves a hearing nor proves the court will hear the motion.
- Exclude the trial date and subtract thirty calendar days for the ordinary latest-hearing boundary. Intermediate closed days count. If the boundary is closed, this preset refuses a final hearing date rather than automatically moving it inside the statutory interval.
- Obtain an actual hearing within the applicable trial-related limit or retain a good-cause order. Independently meet appearance, service and filing requirements.
The hearing or trial day is excluded. Calendar-day periods include intermediate weekends and judicial holidays. CCP 12c(b) counts service-method additions farther backward from the base notice date. CCP 12a supplies the next eligible day for final opposition and reply expiry; that later-date treatment cannot be reused as a service target that reduces the full minimum notice. The personal-service and latest-hearing presets refuse closed base boundaries. Rule 1.11 governs ordinary weekend holiday observance. The retained 2026 and 2027 judicial calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday, and the December 31, 2027 New Year observance. CCP 135 excludes the identified Admission Day, Columbus Day, Lunar New Year, Diwali and Genocide Remembrance Day agency holidays. Actual additional court closures require separate proof.
For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.
Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.
CCP 12c, backward hearing-based countingWhat does the independently derived example show?
Fictitious example
Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently. Actual trial date, no contrary good-cause order and an available hearing.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | The actual scheduled trial date | August 5, 2027 |
| Disclosed statutory component | 30 calendar days for the disclosed component | July 6, 2027 |
Fictitious facts within the stated coverage. No different court order, additional closure, unsupported service method or possession proceeding is assumed. The result does not prove the required acts or a reserved hearing.
Try these dates in the calculatorWhich facts change this summary judgment requirement?
- Good-cause order
- The thirty-day limit expressly permits the court to order otherwise for good cause. Retain the actual order and its terms.
- Full notice remains separate
- The hearing limit and eighty-one-day service requirement are distinct. A nominal total of 111 days does not resolve service additions, closed days, actual hearing availability or a changed trial date.
- Responsive pleading
- Filing the motion does not extend the time to file a responsive pleading. Do not replace that independent obligation with this hearing calculation.
- Trial in possession proceedings
- Subdivision (r) states that the section does not extend the section 1170.5 trial period. Subdivision (s) excludes the identified possession proceedings from (a) and (b).
- Method and delivery requirements
- For moving papers, CCP 437c(a)(2) adds five, ten or twenty calendar days by the recipient mailing address, and two court days for fax, express mail or other overnight delivery. CCP 1010.6 supplies its separate electronic-service treatment, including two court days where applicable and the next-court-day treatment of noncourt-day service. Establish valid service and the actual event. Section 437c(b)(6) excludes CCP 1005 and 1013 time extensions, preserving CCP 1005(c) delivery of opposition and reply by the next business-day close. Do not import the ordinary sixteen, nine or five court-day motion periods into summary judgment.
- Edition and calendar coverage
- Section 437c is the retained edition effective January 1, 2025. These presets cover anchors on or after January 1, 2026 and final dates within the independently retained 2026 and 2027 judicial calendar. They require an actual open-day hearing or trial anchor, unchanged statutory periods and no additional closure. Historical editions, future amendments, court orders, actual outages and additional local requirements need separate review. The software coverage limit does not establish that an actual act is late.
- Use ordinary California civil summary judgment or summary adjudication under section 437c. Exclude unlawful detainer and other section 437c(s) possession proceedings, a changed court schedule, and additional actual closures. Establish the actual hearing or trial date independently.
- The calculated component does not prove appearance, service, accepted filing, reservation or a permissible actual hearing.
Which acts, papers and proof must be preserved?
Questions about CCP 437c(a)(3)
How close to trial may California summary judgment be heard?
Does this date book a summary judgment hearing?
No. Section 437c(a)(3) states a hearing limit. The actual hearing must be arranged and verified with the court.
CCP 437c(a)(3)Can the court hear the motion inside thirty days before trial?
The statute permits a court order otherwise for good cause. Preserve that order and separately satisfy the notice requirement.
CCP 437c(a)(2)-(3)Can I always serve exactly 111 days before trial?
No. That nominal arithmetic omits service-method additions and actual hearing and closed-day requirements.
CCP 437c(a)(2)-(3)Official summary judgment, service and calendar sources
Provisions used (19)
| Provision | Purpose |
|---|---|
| CCP 437c(a)(3) | The particular actor, procedural event, period and required act |
| CCP 437c(a)(3) | The identified counting, document, service, possession or filing qualification |
| CCP 437c(a)(2)-(3) | The identified counting, document, service, possession or filing qualification |
| CCP 437c(r)-(s) | The identified counting, document, service, possession or filing qualification |
| CCP 12, exclude the starting day | The identified counting, document, service, possession or filing qualification |
| CCP 12c, backward hearing-based counting | The identified counting, document, service, possession or filing qualification |
| CCP 12a, final-day holiday extension | The identified counting, document, service, possession or filing qualification |
| CCP 12b, whole-day office closure | The identified counting, document, service, possession or filing qualification |
| CCP 135, judicial holidays | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 1.10 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 1.11 | The identified counting, document, service, possession or filing qualification |
| CCP 1010.6, electronic service and filing | The identified counting, document, service, possession or filing qualification |
| CCP 1005(c), opposition and reply delivery | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 3.1350 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 3.1351 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 2.253 | The identified counting, document, service, possession or filing qualification |
| Cal. Rules of Court, rule 2.259 | The identified counting, document, service, possession or filing qualification |
| California judicial holiday schedule | The identified counting, document, service, possession or filing qualification |
| Superior Court of San Bernardino holiday schedule | The identified counting, document, service, possession or filing qualification |