United States · California Code of Civil Procedure
How early must a California demurrer conference occur?
CCP 430.41(a)(2) ordinarily requires the meet and confer at least five days before the responsive pleading is due. Establish that due date first.
- Period
- 5 days for the disclosed component
- Trigger
- The established due date for the responsive pleading
- Rule
- CCP 430.41(a)(2)
Official current section reviewed. (Amended by Stats. 2023, Ch. 478, Sec. 9. (AB 1756) Effective January 1, 2024.)
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Which event starts this CCP 430.41(a)(2) inquiry?
The established due date for the responsive pleading
Verify the original service, any extension and the applicable pleading. Count backward from the actual response due date.
Responsible actor. The prospective demurring party and the party who filed the challenged pleading. Use the established responsive-pleading deadline, not the proposed demurrer hearing date, and a proceeding within CCP 430.41. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.
CCP 430.41(a)(2)How is this particular California component counted?
- Use the established responsive-pleading deadline, not the proposed demurrer hearing date, and a proceeding within CCP 430.41. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.
- Exclude the established scheduled event and count backward 5 calendar days under CCP 12c. The displayed base boundary preserves the stated lead time. The preset applies no automatic adjustment when that boundary is closed; check the actual act and applicable holiday treatment before relying on it.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Confer in person or by telephone concerning each demurrer ground, then prepare the declaration required by subsection (a)(3).
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 does an independently derived example show?
Fictitious example
Use the established responsive-pleading deadline, not the proposed demurrer hearing date, and a proceeding within CCP 430.41. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment. The disclosed component, effective personal or specified nonmail service and no changed order.
| Step | What is counted | Date |
|---|---|---|
| Established event | The established due date for the responsive pleading | August 2, 2027 |
| Disclosed component boundary | 5 days for the disclosed component | July 28, 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?
- Unable to confer
- The statutory thirty-day extension requires the stated good-faith effort and a qualifying declaration served and filed by the demurrer due date.
- Excluded proceedings
- The section excludes forcible entry, forcible detainer, unlawful detainer and the identified incarcerated unrepresented party.
- 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.
- Use the established responsive-pleading deadline, not the proposed demurrer hearing date, and a proceeding within CCP 430.41. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. A closed base boundary is refused because this preset does not apply the legally applicable final-day treatment.
- 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 CCP 430.41(a)(2)
How early must a California demurrer conference occur?
Do I count backward from the hearing?
No. CCP 430.41(a)(2) uses the responsive pleading due date.
CCP 430.41(a)(2)Does a missing conference automatically overrule a demurrer?
No. A determination that the process was insufficient is not grounds to overrule or sustain the demurrer.
CCP 430.41(a)(4)Can a court conference affect the clock?
Yes. Subsection (c) states when the court may order a conference and postpone the applicable timeline.
CCP 430.41(c)Official California sources and edition review
Provisions used (15)
| Provision | Purpose |
|---|---|
| CCP 430.41(a)(2) | The particular actor, event, period and required act |
| CCP 430.41(a)(2) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 430.41(d) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 430.41(a)(4) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 430.41(c) | 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 |