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 date the consumer delivered the ccp 871.24 pre-suit notice, under Cal. Code Civ. Proc. 871.27(e)(3), (4).
Rule text
(3) Amounts paid or payable by the consumer to extend a lease term shall be included in civil penalty calculations if paid for or the lease extension is activated by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier. (4) Amounts paid by the consumer for the residual value shall only be included in civil penalty calculations if paid for or financed by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier.
Calculate this deadline
- Trigger (Date the consumer delivered the CCP 871.24 pre-suit notice): 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. 871.27(e)(3), (4)
(3) Amounts paid or payable by the consumer to extend a lease term shall be included in civil penalty calculations if paid for or the lease extension is activated by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier. (4) Amounts paid by the consumer for the residual value shall only be included in civil penalty calculations if paid for or financed by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier.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
- Leased vehicles only. 'Whichever is earlier': compute both lemon_871_27_lease_penalty_cutoff_30_days_after_notice and lemon_871_27_lease_penalty_cutoff_30_days_after_filing and use the EARLIER date. Roll 'none' (conservative cutoff). 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 delivered the CCP 871.24 pre-suit notice on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date the consumer delivered the CCP 871.24 pre-suit notice): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
Leased vehicles only. 'Whichever is earlier': compute both lemon_871_27_lease_penalty_cutoff_30_days_after_notice and lemon_871_27_lease_penalty_cutoff_30_days_after_filing and use the EARLIER date. Roll 'none' (conservative cutoff). 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): initial 2-hour depositions of plaintiff and defendant/PMQ within 120 days after the answer is filed (120 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)
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.