Rule 3.1804.Periodic payment of judgments against public entities
Division 18. Judgments · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.1804 gives a public entity that elects to pay a judgment in periodic installments under Government Code section 984 a firm deadline to file a notice of election or hearing, and requires any hearing on the payment terms to happen within thirty days and end with a court order.
(a)Notice of election or hearing A public entity electing to pay a judgment against it by periodic payments under Government Code section 984 must serve and file a notice of election stipulating to the terms of such payments, or a notice of hearing on such terms, by the earlier of:
(1)30 days after the clerk sends, or a party serves, notice of entry of judgment; or
(2)60 days after entry of judgment.
(b)Time for hearing Notwithstanding any contrary local rule or practice, a hearing under (a) must be held within 30 days after service of the notice. The court must make an order for periodic payments at the hearing. (Subd (b) amended effective January 1, 2007.)
Plain-English Summary
Government Code section 984 lets a public entity spread out payment of a judgment against it rather than paying the full amount at once. Rule 3.1804 supplies the procedural deadlines that statute leaves open. The public entity has to act fast: file a notice of election stipulating to specific payment terms, or a notice setting a hearing on those terms, within thirty days of a notice of entry of judgment being sent or served, or sixty days after entry of judgment, whichever deadline arrives first.
If the terms need to be worked out at a hearing rather than by stipulation, Rule 3.1804(b) keeps that hearing on a short leash. It must happen within thirty days of the notice being served, and no local rule or local practice can push that timeline back. The rule also makes clear the hearing cannot become a source of further delay: the court has to issue an order setting the periodic payment terms at that hearing.
Frequently Asked Questions
How long does a California public entity have to elect periodic payment of a judgment?
By the earlier of thirty days after notice of entry of judgment is sent or served, or sixty days after entry of judgment, under Rule 3.1804(a).
How quickly must a hearing on periodic payment terms be held?
Within thirty days after service of the notice, under Rule 3.1804(b), and no local rule or practice can extend that deadline.
What must happen at the hearing on periodic payment terms?
The court must issue an order setting the periodic payment terms at the hearing itself, under Rule 3.1804(b).
Amendment History
Rule 3.1804 amended and renumbered effective January 1, 2007; adopted as rule 389 effective January 1, 2002.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as:periodic payment of judgment against public entity CaliforniaGovernment Code 984 payment schedule ruleCRC rule 3.1804