The court, upon the granting of a motion for withdrawal pursuant to Section 285.2, may toll the running of any statute of limitations, filing requirement, statute providing for mandatory dismissal, notice of appeal, or discovery requirement, for a period not to exceed 90 days, on the court’s own motion or on motion of any party or attorney, when the court finds that tolling is required to avoid legal prejudice caused by the withdrawal of the legal service agency attorney.
§ 285.3.Tolling of time limits upon withdrawal of legal service agency attorney
Title 5. Persons Specially Invested With Ministerial Powers Relating to Courts of Justice · Chapter 1. Attorneys and Counselors at Law · Enacted 1983 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 285.3 allows a court to toll limitations, filing, mandatory-dismissal, appeal-notice, or discovery deadlines for up to 90 days when a § 285.2 withdrawal by a legal service agency attorney would otherwise cause legal prejudice.
Full Text of § 285.3
Plain-English Summary
A client left without counsel because a legal aid attorney withdrew under § 285.2 can face looming deadlines with no one to meet them. § 285.3 gives the court a tool to buy time: on its own motion or a party’s motion, the court can toll the running of a statute of limitations, a filing requirement, a mandatory-dismissal statute, a notice-of-appeal deadline, or a discovery requirement.
The tolling period is capped at 90 days, and it is available only when the court finds that tolling is necessary to avoid legal prejudice caused by the withdrawal itself — it is a remedy tied directly to § 285.2’s funding-driven withdrawals, not a general extension power.
Frequently Asked Questions
How long can a deadline be tolled after a legal aid attorney withdraws?
Up to 90 days, under § 285.3, when the court finds tolling is needed to avoid legal prejudice from the § 285.2 withdrawal.
What kinds of deadlines can be tolled under § 285.3?
Statutes of limitations, filing requirements, mandatory-dismissal statutes, notice-of-appeal deadlines, and discovery requirements.
Does tolling under § 285.3 happen automatically after a § 285.2 withdrawal?
No. The court must find that tolling is required to avoid legal prejudice, and may act on its own motion or on a party’s or attorney’s motion.
Amendment History
Added Stats 1983 ch 279 § 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 285.3 tolling after attorney withdrawal90 day tolling legal aid withdrawal californiatolling statute of limitations attorney withdrawal