Summary
When calculating proof of service in California, all calendar days, including weekends and holidays, are counted. If the final day falls on a weekend or holiday, the period extends to the next non-holiday weekday. This is in accordance with Code of Civil Procedure § 12 and § 1013. For example, a court hearing on March 1st, served on February 7th, would be valid as it provides 23 days, which is sufficient.Full Conversation
California
Thank you for your location. In California, the rules you mentioned are correct. Here is more specific information:
- Code of Civil Procedure § * states that if the period ends on a holiday, it extends to the next court day.
- Code of Civil Procedure § * includes all days, including holidays, in the count.
So if I had a court hearing on March 1st and it was served on February 7th * would it be valid
Yes, your service would be valid. In California, as per Code of Civil Procedure § * and § *, the service period includes all days and if it ends on a holiday, it extends to the next court day. So, a hearing on March 1st, served on February 7th, gives 23 days, which is sufficient.
Are you counting Weekends and holidays
Yes, when calculating days for proof of service in California, you must count all calendar days, including weekends and holidays, according to the Code of Civil Procedure § *. If the final day falls on a weekend or holiday, the period extends to the next non-holiday weekday as per Code of Civil Procedure § *.