CLRA: earliest damages action, 30 days after pre-suit notice and demand

30 days after date the defendant received the clra notice (certified or registered mail, return receipt), under Cal. Civ. Code 1782(a), (b).

Rule text

(a) Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following: (1) Notify the person alleged to have employed or committed methods, acts, or practices declared unlawful by Section 1770 of the particular alleged violations of Section 1770. (2) Demand that the person correct, repair, replace, or otherwise rectify the goods or services alleged to be in violation of Section 1770. The notice shall be in writing and shall be sent by certified or registered mail, return receipt requested ... (b) Except as provided in subdivision (c), no action for damages may be maintained under Section 1780 if an appropriate correction, repair, replacement, or other remedy is given, or agreed to be given within a reasonable time, to the consumer within 30 days after receipt of the notice.

Cal. Civ. Code 1782(a), (b), official source

Calculate this deadline

Deadline
Monday, December 7, 2026
  1. Trigger (Date the defendant received the CLRA notice (certified or registered mail, return receipt)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
  4. The period includes its last day, so the earliest day to act is the next court day: Monday, December 7, 2026.
Rules applied
Cal. Civ. Code 1782(a), (b)
(a) Thirty days or more prior to the commencement of an action for damages pursuant to this title, the consumer shall do the following: (1) Notify the person alleged to have employed or committed methods, acts, or practices declared unlawful by Section 1770 of the particular alleged violations of Section 1770. (2) Demand that the person correct, repair, replace, or otherwise rectify the goods or services alleged to be in violation of Section 1770. The notice shall be in writing and shall be sent by certified or registered mail, return receipt requested ... (b) Except as provided in subdivision (c), no action for damages may be maintained under Section 1780 if an appropriate correction, repair, replacement, or other remedy is given, or agreed to be given within a reasonable time, to the consumer within 30 days after receipt of the notice.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "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." 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." 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." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Official source
  • The defendant may cure within 30 days after receipt, so the earliest safe damages filing is the next court day after day 30. Earliest-filing date for a damages claim. (a) measures 30 days before commencement from the notice; (b) gives the defendant 30 days after RECEIPT to cure; the trigger uses receipt (the later, conservative date). If only the mailing date is known, enter it and add mail transit time manually. Roll 'none' (earliest date). Injunctive-relief actions may be filed without notice (1782(d)).
  • 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.
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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 the defendant received the CLRA notice (certified or registered mail, return receipt) on Monday, March 15, 2027, personal service: due Thursday, April 15, 2027.

  1. Trigger (Date the defendant received the CLRA notice (certified or registered mail, return receipt)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
  3. The period includes its last day, so the earliest day to act is the next court day: Thursday, April 15, 2027.

Notes

The defendant may cure within 30 days after receipt, so the earliest safe damages filing is the next court day after day 30. Earliest-filing date for a damages claim. (a) measures 30 days before commencement from the notice; (b) gives the defendant 30 days after RECEIPT to cure; the trigger uses receipt (the later, conservative date). If only the mailing date is known, enter it and add mail transit time manually. Roll 'none' (earliest date). Injunctive-relief actions may be filed without notice (1782(d)).

Related deadlines

All California pre-suit, housing and employment deadlines

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.