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 date the consumer sent the ccp 871.24 pre-suit notice and demand (email to manufacturer's designated address, or certified/registered mail, return receipt), under Cal. Code Civ. Proc. 871.24(a), (d), (h), (k).
Rule text
(a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following: (1) Notify the manufacturer of the consumer’s name, the accurate Vehicle Identification Number (“VIN”) of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle. (2) Demand that the manufacturer repurchase or replace the motor vehicle. ... (k) This section shall become operative on July 1, 2025.
Cal. Code Civ. Proc. 871.24(a), (d), (h), (k), official source
Calculate this deadline
- Trigger (Date the consumer sent the CCP 871.24 pre-suit notice and demand (email to manufacturer's designated address, or certified/registered mail, return receipt)): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Cal. Code Civ. Proc. 871.24(a), (d), (h), (k)
(a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following: (1) Notify the manufacturer of the consumer’s name, the accurate Vehicle Identification Number (“VIN”) of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle. (2) Demand that the manufacturer repurchase or replace the motor vehicle. ... (k) This section shall become operative on July 1, 2025.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
- Earliest date only. The manufacturer's 30-day offer window runs from RECEIPT (871.24(e)(1)(A)), so if receipt is later than sending, the practical earliest date is lemon_871_24_manufacturer_offer_30_days. If the manufacturer timely offers, penalties are barred if restitution/replacement is completed within 60 days of receipt (lemon_871_24_restitution_complete_60_days); wait for that date before suing for penalties. A restitution/replacement action may be filed without notice, but then civil penalties may not be sought by amendment or otherwise (871.24(h)). Consumer must possess the vehicle when notice is sent (871.24(c)). The pre-suit notice tolls the 871.21 limitations periods for up to 60 days (871.21(c)(3)). Operative July 1, 2025. 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 consumer sent the CCP 871.24 pre-suit notice and demand (email to manufacturer's designated address, or certified/registered mail, return receipt) on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the consumer sent the CCP 871.24 pre-suit notice and demand (email to manufacturer's designated address, or certified/registered mail, return receipt)): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Earliest date only. The manufacturer's 30-day offer window runs from RECEIPT (871.24(e)(1)(A)), so if receipt is later than sending, the practical earliest date is lemon_871_24_manufacturer_offer_30_days. If the manufacturer timely offers, penalties are barred if restitution/replacement is completed within 60 days of receipt (lemon_871_24_restitution_complete_60_days); wait for that date before suing for penalties. A restitution/replacement action may be filed without notice, but then civil penalties may not be sought by amendment or otherwise (871.24(h)). Consumer must possess the vehicle when notice is sent (871.24(c)). The pre-suit notice tolls the 871.21 limitations periods for up to 60 days (871.21(c)(3)). Operative July 1, 2025. 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): 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): action within 1 year after the applicable express warranty expires (12 months 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.