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United States · California Code of Civil Procedure

When must a California judgment-vacatur intention notice be filed?

CCP 663a(a)(2) selects the earliest fifteen-day qualifying notice period or 180 days after judgment entry. Both filing and adverse-party service are required.

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Read why no date is calculated
Period
The preset does not compare judgment entry with all qualifying mailing and service events. No single computed or paid intention-notice date is published.
Trigger
Judgment entry and the qualifying clerk-mailing and party-service events
Rule
CCP 663a
CCP 663a

Official current section reviewed. (e) An order of the court granting a motion may be reviewed on appeal in the same manner as a special order made after final judgment. (Amended by Stats. 2018, Ch. 317, Sec. 2. (AB 2230) Effective January 1, 2019.)

Source guide · No automated date

When must a California judgment-vacatur intention notice be filed?

The preset does not compare judgment entry with all qualifying mailing and service events. No single computed or paid intention-notice date is published.

CCP 663a

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Which event starts this CCP 663a inquiry?

Judgment entry and the qualifying clerk-mailing and party-service events

This statute uses clerk mailing, unlike CCP 659’s clerk-service wording. Preserve the actual event named in the applicable statute.

Responsible actor. The party intending to move to set aside and vacate the judgment under CCP 663. Establish judgment entry, qualifying clerk mailing under CCP 664.5 and party service of written notice of entry. Compare the applicable periods. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 663a

Which comparisons must be resolved before counting?

  1. Judgment entry and the qualifying clerk-mailing and party-service events
  2. This statute uses clerk mailing, unlike CCP 659’s clerk-service wording. Preserve the actual event named in the applicable statute.
  3. Resolve the procedural comparisons described here before selecting an applicable clock. This page supplies no computed or paid date.
  4. File the intention notice with the clerk and serve each adverse party, designating the motion grounds and particulars in which the legal basis is inconsistent or erroneous.

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 day

What distinguishes the statutory branches?

Assume a clerk mailing occurs near the judgment’s 180-day anniversary. The fifteen-day mailing limb can extend beyond the outer limb, so the earlier comparison matters.

The preset does not compare judgment entry with all qualifying mailing and service events. No single computed or paid intention-notice date is published.

Which qualifications change this procedure?

Earliest comparison
The notice is due within the earliest specified fifteen-day notice interval or 180-day judgment-entry interval.
Mail does not extend
Subsection (c) excludes CCP 1013 mail additions to the intention-notice period. CCP 1010.6 also excludes the electronic-service addition for this filing.
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.
CCP 663a
  • Establish judgment entry, qualifying clerk mailing under CCP 664.5 and party service of written notice of entry. Compare the applicable periods. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The preset does not compare judgment entry with all qualifying mailing and service events. No single computed or paid intention-notice date is published.

Which acts and evidence must be preserved?

Questions about CCP 663a

When must a California judgment-vacatur intention notice be filed?

Can I select 180 days despite an earlier qualifying notice?

No. Subsection (a)(2) uses whichever stated period is earliest.

CCP 663a(a)(2)

Is the clerk event the same wording as a new-trial notice?

No. CCP 663a names mailing, while CCP 659(a)(2) names serving clerk notice. Keep the actual events distinct.

CCP 659(a)(2)

Does this set when the court must rule?

No. Subsection (b) provides a separate seventy-five-day court-power period and no-notice fallback.

CCP 663a(b)

Official California sources and edition review

Provisions used (15)
Provisions used in this guide
ProvisionPurpose
CCP 663aThe particular actor, event, period and required act
CCP 663a(a)(2)The separately identified counting, filing, holiday or procedural qualification
CCP 663a(c)The separately identified counting, filing, holiday or procedural qualification
CCP 659(a)(2)The separately identified counting, filing, holiday or procedural qualification
CCP 663a(b)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

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