If the time within which an action must be brought to trial pursuant to this article is tolled or otherwise extended pursuant to statute with the result that at the end of the period of tolling or extension less than six months remains within which the action must be brought to trial, the action shall not be dismissed pursuant to this article if the action is brought to trial within six months after the end of the period of tolling or extension.
§ 583.350.At End of Period of Tolling Or Extension Less Than 6 Months Remain Within Which Action Must Be Brought
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 1.5. Dismissal for Delay in Prosecution · Article 3. Mandatory Time for Bringing Action to Trial or New Trial · Enacted 1705 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 583.350 gives a plaintiff at least six months to bring an action to trial after any period of tolling or extension ends, even if that tolling or extension would otherwise leave less than six months remaining before the five-year deadline expires.
Full Text of § 583.350
Plain-English Summary
Tolling and extension periods can end awkwardly close to a deadline, and this section smooths that out. If a period of tolling or a statutory extension ends with less than six months left before the five-year deadline in § 583.310 would otherwise expire, the action isn't dismissed for missing that shortened window — so long as it's brought to trial within six months after the tolling or extension period ends.
In effect, this guarantees a floor: no matter how a tolling period lands relative to the five-year deadline, the plaintiff keeps at least six usable months to get the case to trial once that tolling period is over. This provision does substantial work in practice, since litigants rely on it to calculate exact deadlines after any period of suspension.
Frequently Asked Questions
What happens if tolling ends with only a few weeks left before the five-year deadline?
Section 583.350 gives the plaintiff a minimum of six months from the end of the tolling or extension period to bring the case to trial, regardless of how little time was technically left.
Does this section extend the five-year deadline in every case?
No, it only applies when a period of tolling or extension leaves less than six months remaining at its end — it's a floor for that specific situation, not a general extension.
Amendment History
Added by Stats. 1984, Ch. 1705, Sec. 5.
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: six month grace period five year rule californiacalifornia five year rule tolling savings clause