Calculating Last Day to File a Response to an Eviction Lawsuit in California

When you’re served with an Unlawful Detainer (eviction) summons and complaint in California, one of the most critical steps is determining exactly when your Answer is due. Miss that deadline, and a default judgment may be entered against you—often leading to a rapid eviction. This guide shows you how to calculate the last day to file your response under California law.

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1. Understand “Court Days” vs. “Calendar Days” vs. "Business Days" vs "Holidays"

• Court Days
  Days the court is open for business. Excludes:

  • Saturdays and Sundays
  • California court holidays (e.g., New Year’s Day, Martin Luther King Jr. Day, Cesar Chavez Day, Thanksgiving, etc.)

• Calendar Days
  Every day on the calendar, including weekends and holidays.

• Business Days
  Not the same as Court Day or Calender Day. Depends on the business. Some businesses are open on weekends, not holidays.

• Holiday Days
  Not the same as Court holidays.

Why it matters: California procedure for eviction Answers measures time in court days—not simply calendar days.

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2. The 10‑Court‑Day Rule

Under California Code of Civil Procedure, you must file your Answer within 10 court days after the date of service.

• Day 0 is the day you were served (whether by personal service, substituted service, or another authorized method).
• You count forward, skipping weekends and court holidays.
• Day 10 is your filing deadline.

If Day 10 lands on a weekend or holiday, the deadline automatically extends to the next court‑business day (CCP § 12a).

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3. Step‑by‑Step Calculation

1. Identify Service Date (Day 0).
   Example: Served on Wednesday, June 3.

2. List Applicable Court Holidays.
   Check the current year’s California court holiday calendar for your county.

3. Count Forward 10 Court Days.

   • Start counting on the next business day
   • Omit Saturdays, Sundays, and listed court holidays

4. Adjust for Weekend/Holiday Landing (CCP § 12a).
   If the tentative Day 10 falls on a non‑court day, move the deadline forward to the next open day.

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4. Example Timeline

Step	Date	Notes
Service Date (Day 0)	Wednesday, June 3, 2025	Counts as Day 0
Day 1	Thursday, June 4, 2025
Day 2	Friday, June 5, 2025
Weekend	June 6–7, 2025	Skip
Day 3	Monday, June 8, 2025
…	…	…
Day 10 (Tentative)	Wednesday, June 17, 2025	June 19 is Juneteenth (holiday)
Adjusted Deadline	None needed	Next court‑business day
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5. Filing Your Answer

• Form: Use the statewide form UD‑105 (“Answer – Unlawful Detainer”).
• Service on Landlord: After filing, serve a copy on the landlord (or their agent) and file a Proof of Service with the court.
• Mail Service Extension: If you serve by mail, add 5 calendar days to your computed deadline before filing.

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6. Consequences of Missing the Deadline

• Default Judgment: The court may enter judgment against you without a hearing.
• Loss of Defenses: You forfeit the opportunity to raise habitability issues, improper service claims, or other legal defenses.
• Expedited Eviction: The landlord can seek a lock‑out order more quickly.

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7. Seek Legal Assistance

Eviction case moves rapidly. If you have questions about drafting your Answer, claiming defenses, or calculating deadlines:

• Legal Aid Organizations (e.g., Bay Area Legal Aid, Legal Aid Society)
• Pro Bono Clinics
• Private Attorneys specializing in tenant eviction defense.

Timely calculation and filing of your Answer preserves your right to be heard—and to defend your tenancy.