Warranty audit chargeback: franchisor may not charge back until 45 days after the disapproval or final denial notice
45 days after date franchisee received the post-audit disapproval notice or final denial, whichever is later, under Cal. Veh. Code 3065(e)(5).
Rule text
The franchisor shall not chargeback the franchisee until 45 days after receipt of the written notice described in paragraph (3) or paragraph (4), whichever is later. Any chargeback to a franchisee for warranty parts or service compensation shall be made within 90 days of receipt of that written notice.
Calculate this deadline
- Trigger (Date franchisee received the post-audit disapproval notice or final denial, whichever is later): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
Cal. Veh. Code 3065(e)(5)
The franchisor shall not chargeback the franchisee until 45 days after receipt of the written notice described in paragraph (3) or paragraph (4), whichever is later. Any chargeback to a franchisee for warranty parts or service compensation shall be made within 90 days of receipt of that written notice.Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- New Motor Vehicle Board protest. A protest filed before the chargeback bars offset until the Board's final order. Chargeback outside 90 days is untimely.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date franchisee received the post-audit disapproval notice or final denial, whichever is later on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Date franchisee received the post-audit disapproval notice or final denial, whichever is later): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Notes
New Motor Vehicle Board protest. A protest filed before the chargeback bars offset until the Board's final order. Chargeback outside 90 days is untimely.
Related deadlines
- DMV action under Veh. Code 12804.15 or 13950-13953 (and financial-responsibility suspensions under 16070): demand hearing within 10 days of notice (10 days after)
- Dealer franchise termination (60-day notice): protest to New Motor Vehicle Board within 30 days after receiving notice (30 days after)
- Dealer franchise termination (15-day notice): protest to New Motor Vehicle Board within 10 days after receiving notice (10 days after)
- Dealer franchise modification/replacement: protest within 30 days of receipt of the 60-day notice (30 days after)
- New or relocated dealership (or satellite warranty facility) in relevant market area: protest within 20 days of receiving notice (20 days after)
- Dealer warranty claim: deemed approved if not disapproved in writing within 30 days of franchisor's receipt; payment due 30 days after approval (30 days after)
- Dealer warranty claim disapproval: protest to Board within 6 months after the later of disapproval notice or final denial (6 months after)
- Warranty time/compensation reduction for specific parts or labor operations: protest within 6 months after receipt of reduction notice (6 months after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.