Lemon law (CCP 871.21, opt-in manufacturers): action within 1 year after the applicable express warranty expires
12 months after date the applicable express warranty expired, under Cal. Code Civ. Proc. 871.21(a), (c).
Rule text
(a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty. ... (c) The time periods prescribed in subdivisions (a) and (b) shall be tolled as follows: (1) As provided by tolling requirements prescribed in subdivision (c) of Section 1793.22 of the Civil Code, as applicable. (2) For the time the motor vehicle is out of service by reason of repair for any nonconformity. (3) For the time period after a pre-suit notice is provided to the manufacturer in accordance with Section 871.24, which time period shall not exceed 60 days.
Calculate this deadline
- Trigger (Date the applicable express warranty expired): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (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)).
Cal. Code Civ. Proc. 871.21(a), (c)
(a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty. ... (c) The time periods prescribed in subdivisions (a) and (b) shall be tolled as follows: (1) As provided by tolling requirements prescribed in subdivision (c) of Section 1793.22 of the Civil Code, as applicable. (2) For the time the motor vehicle is out of service by reason of repair for any nonconformity. (3) For the time period after a pre-suit notice is provided to the manufacturer in accordance with Section 871.24, which time period shall not exceed 60 days.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
- Subject to the 6-year outer limit (lemon_871_21_outer_6yr_delivery): file by the EARLIER of the two. 'Applicable express warranty' is the warranty covering the specific nonconformity (871.22(a)), so different warranties (e.g., powertrain) may give different dates. Tolling (repair downtime, 1793.22(c), up to 60 days after 871.24 notice) is not modeled; add tolled days manually. CCP 12a roll applies. OPT-IN ONLY: CCP 871.20-871.28 apply only to actions against a manufacturer that elected under CCP 871.29 (written notice to the DCA Arbitration Certification Program by October 31 of the preceding year, covering vehicles sold in five consecutive calendar years) or under CCP 871.30 (one-time election within 30 days of April 2, 2025, covering vehicles sold new in 2025 and prior years). Check the ACP's published list (871.29(c), 871.30(b)) and the notice given at sale (871.29(d)); the list itself was not verified here (outside the official-code source set). Applies only to restitution/replacement claims based on noncompliance with the applicable express warranty, not service contract claims (871.20).
- 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 the applicable express warranty expired on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date the applicable express warranty expired): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
Subject to the 6-year outer limit (lemon_871_21_outer_6yr_delivery): file by the EARLIER of the two. 'Applicable express warranty' is the warranty covering the specific nonconformity (871.22(a)), so different warranties (e.g., powertrain) may give different dates. Tolling (repair downtime, 1793.22(c), up to 60 days after 871.24 notice) is not modeled; add tolled days manually. CCP 12a roll applies. OPT-IN ONLY: CCP 871.20-871.28 apply only to actions against a manufacturer that elected under CCP 871.29 (written notice to the DCA Arbitration Certification Program by October 31 of the preceding year, covering vehicles sold in five consecutive calendar years) or under CCP 871.30 (one-time election within 30 days of April 2, 2025, covering vehicles sold new in 2025 and prior years). Check the ACP's published list (871.29(c), 871.30(b)) and the notice given at sale (871.29(d)); the list itself was not verified here (outside the official-code source set). Applies only to restitution/replacement claims based on noncompliance with the applicable express warranty, not service contract claims (871.20).
Related deadlines
- Song-Beverly 1794(e): manufacturer avoids civil penalty by replacing/repurchasing within 30 days of service of buyer's written notice (30 days after)
- Lemon law (CCP 871.24, opt-in manufacturers): earliest action seeking 1794(c) civil penalties, at least 30 days after pre-suit notice (30 days after)
- Lemon law (CCP 871.24): manufacturer's offer of restitution or replacement within 30 days after receipt of pre-suit notice (30 days after)
- Lemon law (CCP 871.24): restitution or replacement completed within 60 days of receipt of pre-suit notice (and consumer possession period if offer made) (60 days after)
- Lemon law (CCP 871.21, opt-in manufacturers): outer limit, 6 years after original delivery of the vehicle (72 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.