United States · California Rules of Court
When is a California motion to strike or tax costs due?
Rule 3.1700(b)(1) requires the motion notice served and filed 15 days after cost-memorandum service. Eligible service additions are separate.
- Period
- 15 calendar days for the disclosed component
- Trigger
- Effective personal service of the memorandum of costs
- Rule
- Cal. Rules of Court, rule 3.1700(b)(1)
Official 2026 Rules of Court reviewed. Rule 3.1700 amended effective July 1, 2025; adopted as rule 870 effective January 1, 1987; previously amended and renumbered as rule 3.
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Which event starts this Cal. Rules of Court, rule 3.1700(b)(1) inquiry?
Effective personal service of the memorandum of costs
Preserve the memorandum and proof of service. Judgment entry and service of notice of entry are not this motion's starting event.
Responsible actor. The party challenging claimed costs. Use effective personal service of the cost memorandum and no agreed or ordered extension. The preset does not add mail or electronic-service time.
Cal. Rules of Court, rule 3.1700(b)(1)How is this particular California component counted?
- Use effective personal service of the cost memorandum and no agreed or ordered extension. The preset does not add mail or electronic-service time.
- Exclude the established event and count 15 calendar days forward under CCP 12 and rule 1.10. Intermediate weekends and holidays count. A final judicial holiday moves to the next open day under CCP 12a. Check actual additional closures under CCP 12b.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Serve and file the notice of motion. Itemize objections in the memorandum's order, identify each item number and state each reason.
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.
Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.
Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.
CCP 12, exclusion of the first dayWhat does an independently derived example show?
Fictitious example
Use effective personal service of the cost memorandum and no agreed or ordered extension. The preset does not add mail or electronic-service time. Only the disclosed branch and established event apply, with no altered order, eligible service addition or additional closure.
| Step | What is counted | Date |
|---|---|---|
| Established event | Effective personal service of the memorandum of costs | August 2, 2027 |
| Disclosed component boundary | 15 calendar days for the disclosed component | August 17, 2027 |
Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.
Try these dates in the calculatorWhich qualifications change this procedure?
- Express service additions
- Subsection (b)(1) applies CCP 1013 to mail service and CCP 1010.6(a)(3) to electronic service. Those branches are not calculated by this personal-service preset.
- Agreed or ordered extensions
- A party agreement must be confirmed in writing, specify the extended service date and be filed. Without agreement, the court may extend by at most thirty days.
- Individual objections
- For challenged items, subsection (b)(2) requires the same order and corresponding numbers, with the reason for each objection.
- Service methods and distinct statutory additions
- Establish the actual service method and legally completed event. The tax-cost preset is confined to personal service; rule 3.1700(b)(1) expressly recognizes CCP 1013 mail and CCP 1010.6 electronic additions. Filing-triggered brief and review-answer clocks do not begin merely with service. CCP 1013 and 1010.6 exclude their stated additions for a notice of appeal. A summons-service event and an appellate filing event have distinct requirements. These presets do not calculate excluded service or combined procedural branches.
- Edition and calendar coverage
- Official 2026 Rules of Court were reviewed. Publication coverage begins January 1, 2026 and assumes the reviewed branch still governs the input. Displayed final dates use the independently retained 2026 and 2027 California judicial calendar. Earlier or amended editions, emergency orders and actual additional closures require separate review. A closed backward statement boundary receives no date because its exact adjustment is not implemented. Source guides for combined appeal clocks, stipulated responses, cost memoranda and decision finality supply no computed or paid date. These software coverage boundaries do not establish that an actual filing is late.
- Use effective personal service of the cost memorandum and no agreed or ordered extension. The preset does not add mail or electronic-service time.
- The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.
Which acts and evidence must be preserved?
Questions about Cal. Rules of Court, rule 3.1700(b)(1)
When is a California motion to strike or tax costs due?
Do I count from judgment entry?
No. This motion runs from service of the cost memorandum.
Cal. Rules of Court, rule 3.1700(b)(1)Does the base calculator include electronic-service additions?
No. The rule expressly recognizes the applicable statutory extension, which must be determined separately.
Cal. Rules of Court, rule 3.1700(b)(1)Can a general objection replace itemized objections?
Subsection (b)(2) requires identified item numbers, the memorandum's order and each objection's reasons.
Cal. Rules of Court, rule 3.1700(b)(2)Official California sources and edition review
Provisions used (17)
| Provision | Purpose |
|---|---|
| Cal. Rules of Court, rule 3.1700(b)(1) | The particular actor, event, period and required act |
| Cal. Rules of Court, rule 3.1700(b)(1) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 3.1700(b)(3) | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 3.1700(b)(2) | 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 |
| Cal. Rules of Court, rule 1.10 | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 2.259 | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 2.253 | The separately identified counting, filing, holiday or procedural qualification |