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 date the vehicle was returned to the manufacturer, under Cal. Code Civ. Proc. 871.27(g)(3).
Rule text
(3) The defendant shall provide the consumer with the funds containing their restitution proceeds at the time of the vehicle return. The defendant shall also expedite the funds for the payoff of the vehicle within one business day of the vehicle return. The defendant shall expedite the funds for attorney’s fees, and if applicable, civil penalties to counsel for the consumer within one business day of the vehicle return.
Calculate this deadline
- Trigger (Date the vehicle was returned to the manufacturer): Friday, November 6, 2026.
- Count 1 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Saturday, November 7, 2026.
Cal. Code Civ. Proc. 871.27(g)(3)
(3) The defendant shall provide the consumer with the funds containing their restitution proceeds at the time of the vehicle return. The defendant shall also expedite the funds for the payoff of the vehicle within one business day of the vehicle return. The defendant shall expedite the funds for attorney’s fees, and if applicable, civil penalties to counsel for the consumer within one business day of the vehicle return.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
- 'Business day' modeled as court day; review. Consumer's restitution funds are due at the time of return (same day). 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 vehicle was returned to the manufacturer on Monday, March 15, 2027, personal service: due Tuesday, March 16, 2027.
- Trigger (Date the vehicle was returned to the manufacturer): Monday, March 15, 2027.
- Count 1 business days under Civil Code 9 (Sundays and state holidays are not counted; Saturdays are): Tuesday, March 16, 2027.
Unsettled points
- The calculator counts undefined 'business days' under Civ. Code 9, so Saturdays count, the earlier date.Other reading: If 'business days' excludes Saturdays or judicial holidays, each deadline is one or more days later.
Notes
'Business day' modeled as court day; review. Consumer's restitution funds are due at the time of return (same day). 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(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.