© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION CALENDARING PLEADINGS

2 CALENDARING RULES  Exclude the first day, include the last.  Count every day, then extend the last day if it is a weekend or holiday.

3 STATUTE OF LIMITATION— time during which an action must be filed, or forfeited.

4 RESPONDING TO PLEADINGS The “effective date” of service triggers the time to respond.

5 EFFECTIVE DATE OF SERVICE Personal service: 30 days from service Substituted service: 30 days + 10 from mailing Notice/Acknowledgment: 30 days from date signed Publication: 30 days from last publication

6 CALENDARING DEMURRERS Demurrers must:  be filed within the time to respond;  set for hearing within 35 days of filing;  provide at least 21 days’ notice of hearing; and  provide 5 days’ additional notice if by mail.

7 FEDERAL CALENDARING RULES  Days are counted the same way.  Responses due 20 days from service.  Mail service extends 3 days.

8 PROBLEM #1 If a complaint is filed the first day of month 1, when is the response due?

9 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday

10 PROBLEM #2 If a state court complaint is served by substituted service on the first of month 1, when is the response due? What if the complaint is filed in federal court?

11 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday

12 PROBLEM #3 If a state court response is due on the 4th of month 1, when must the demurrer be filed? What is the last day it can be heard? What is the first day it can be heard?

13 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday

14 Problem #4 If a federal court complaint is personally served the 10th day of month 1, when is the response due? If a state court complaint is personally served the 10th day of month 1, when is the response due?

15 Months 1 and 2 SunMonTuesWedThuFriSat holiday holiday

16 SUMMARY Counting Days, Calendaring Responses PREVIEW Introduction to Discovery