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United States · California Rules of Court

When must a California requester obtain default judgment?

Rule 3.110(h) requires the requester to obtain default judgment within 45 days after default entry unless the court grants an extension.

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Period
45 calendar days for the disclosed component
Trigger
The court's actual entry of default
Rule
Cal. Rules of Court, rule 3.110(h)
Cal. Rules of Court, rule 3.110(h)

Official 2026 Rules of Court reviewed. Rule 3.110 amended effective July 1, 2007; adopted as rule 201.

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Which event starts this Cal. Rules of Court, rule 3.110(h) inquiry?

The court's actual entry of default

Preserve the clerk's default entry. The default request date and the later judgment entry date are different events.

Responsible actor. The party who requested the entered default. Use actual entry of default in a proceeding governed by rule 3.110. This is a target for obtaining judgment, not a guarantee of entitlement or court action.

Cal. Rules of Court, rule 3.110(h)

How is this particular California component counted?

  1. Use actual entry of default in a proceeding governed by rule 3.110. This is a target for obtaining judgment, not a guarantee of entitlement or court action.
  2. Exclude the established event and count 45 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.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. Obtain the default judgment within the applicable period or preserve a granted extension. Merely filing a judgment application does not complete the stated act.

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 day

What does an independently derived example show?

Fictitious example

Use actual entry of default in a proceeding governed by rule 3.110. This is a target for obtaining judgment, not a guarantee of entitlement or court action. Only the disclosed branch and established event apply, with no altered order, eligible service addition or additional closure.

Example counting steps
StepWhat is countedDate
Established eventThe court's actual entry of defaultAugust 2, 2027
Disclosed component boundary45 calendar days for the disclosed componentSeptember 16, 2027
Example resultSeptember 16, 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.

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Which qualifications change this procedure?

Granted extension
Rule 3.110(h) expressly permits a court-granted extension. Use the actual order and its conditions.
Different collections procedure
Qualifying collections under rule 3.740 are excluded from rule 3.110 and have a separate default-judgment procedure.
Missed target
Without an extension, the rule requires an order to show cause. It does not promise judgment or state that every declaration automatically excuses noncompliance.
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.
Cal. Rules of Court, rule 3.110(h)
  • Use actual entry of default in a proceeding governed by rule 3.110. This is a target for obtaining judgment, not a guarantee of entitlement or court action.
  • 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 3.110(h)

When must a California requester obtain default judgment?

Is the clock triggered by the default request?

No. Rule 3.110(h) starts when default is entered.

Cal. Rules of Court, rule 3.110(h)

Is an application filed within forty-five days enough?

The rule says obtain a default judgment. Application filing and obtaining judgment are different acts.

Cal. Rules of Court, rule 3.110(h)

Can the court grant more time?

Yes. Rule 3.110(h) expressly preserves a court-granted extension.

Cal. Rules of Court, rule 3.110(h)

Official California sources and edition review

Provisions used (16)
Provisions used in this guide
ProvisionPurpose
Cal. Rules of Court, rule 3.110(h)The particular actor, event, period and required act
Cal. Rules of Court, rule 3.110(h)The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 3.740(d)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
Cal. Rules of Court, rule 1.10The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 2.259The separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 2.253The separately identified counting, filing, holiday or procedural qualification
Read the official rule

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