What is a Motion for Extension of Time to File Responsive Pleading?

The court is authorized to extend the deadline for “an act to be done.” Code of Civ. Proc., § 1054. The court may only extend the deadline by 30 days unless the other party consents to a longer period. Code Civ. Proc. § 1054(b).

“[I]t is well settled that orders of extension granted pursuant to... [Code of Civil Procedure] section 1054 must be made during the period of time within which the act may be done, that is, while the right is still alive; and, if made after the expiration of such period, the orders are void and confer no legal authority for the doing of the act.” Coast Electric Service v. Jensen (1931) 111 Cal.App. 124, 126; Start v. Heinzerling (1915) 27 Cal.App. 145, 148.

An application for an order extending the time within which an act is required to be done must be heard and determined by the judge before whom the matter is pending. Calif. Rules of Court, rule 2.20.

An extension of time to file a responsive pleading may also be granted under Code of Civil Procedure, section 430.41. This section requires that before filing a demurrer, “[t]he parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.” Code of Civ. Proc., § 430.41(a)(2).

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