“Certainty in Calculating Hearing-Related Deadlines in California State Courts”

On January 1, 2011, Section 12c was added to the California Code of Civil Procedure.  A result of State Bar-sponsored legislation (AB 2119 (Tran)), Section 12c finally eliminates an ambiguity which has long-plagued those charged with calculating the last day to serve hearing-related documents.  All practitioners must calendar in accordance with the new section.  In jurisdictions where hearing dates are available on short notice, however, practitioners must be particularly careful to avoid a rather dangerous pitfall which could lead to malpractice.  This article explains the ambiguity and the Section 12c solution, warns about the pitfall, and suggests ways to avoid its consequences.
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