Lemon law (CCP 871.26): initial 2-hour depositions of plaintiff and defendant/PMQ within 120 days after the answer is filed
120 days after date the answer or other responsive pleading was filed (if several defendants, see notes), under Cal. Code Civ. Proc. 871.26.
Rule text
(c) Within 120 days after the filing of the answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents: (1) The plaintiff. (2) The defendant, and if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. This deposition shall be limited to the topics listed in subdivision (i).
Calculate this deadline
- Trigger (Date the answer or other responsive pleading was filed (if several defendants, see notes)): Friday, November 6, 2026.
- Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 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. 871.26
(c) Within 120 days after the filing of the answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents: (1) The plaintiff. (2) The defendant, and if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. This deposition shall be limited to the topics listed in subdivision (i).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
- Runs from FILING (not service) of the answer, so CCP 1013/1010.6 extensions do not apply. The statute does not say which answer controls with multiple defendants; calendar from the first answer filed and review. All other discovery is stayed until mediation concludes (871.26(e)). Sanctions for noncompliance absent good cause: $1,500 (plaintiff's attorney) / $2,500 (defense attorney); repeated noncompliance: dismissal without prejudice (plaintiff) or evidentiary sanctions (manufacturer) (871.26(j)). Does not apply to self-represented parties (871.26(k)); only actions filed on or after January 1, 2025 (871.26(l)). 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 answer or other responsive pleading was filed (if several defendants, see notes) on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.
- Trigger (Date the answer or other responsive pleading was filed (if several defendants, see notes)): Monday, March 15, 2027.
- Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.
Notes
Runs from FILING (not service) of the answer, so CCP 1013/1010.6 extensions do not apply. The statute does not say which answer controls with multiple defendants; calendar from the first answer filed and review. All other discovery is stayed until mediation concludes (871.26(e)). Sanctions for noncompliance absent good cause: $1,500 (plaintiff's attorney) / $2,500 (defense attorney); repeated noncompliance: dismissal without prejudice (plaintiff) or evidentiary sanctions (manufacturer) (871.26(j)). Does not apply to self-represented parties (871.26(k)); only actions filed on or after January 1, 2025 (871.26(l)). 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
- Lemon law (CCP 871.26): initial disclosures and documents within 60 days after the answer is filed (60 days after)
- Lemon law (CCP 871.26): schedule mediation within 90 days after the answer is filed (90 days after)
- Lemon law (CCP 871.26): mediation to occur within 150 days after the answer is filed (150 days after)
- Lemon law (CCP 871.26(j)): sanction for disclosure or deposition noncompliance paid within 15 business days (15 business days after)
- Lemon law (CCP 871.26(j)(5)): sanctioned attorney reports sanction to the State Bar within 30 days (if court so requires) (30 days after)
- Lemon law (CCP 871.27(g)(2)): manufacturer completes agreed restitution/replacement within 30 days of receipt of signed release ($50/day penalty after) (30 days after)
- Lemon law (CCP 871.27(g)(3)): manufacturer expedites payoff, attorney fee and penalty funds within one business day of vehicle return (1 business day after)
- Lemon law (CCP 871.27(e)): lease extension and residual payments count toward civil penalty only if made within 30 days after pre-suit notice (earlier controls) (30 days 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.