SB 800: post-repair mediation to occur within 15 days after the request is received
15 days after date the builder received the homeowner's written post-repair mediation request, under Cal. Civ. Code 928.
Rule text
928. If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. ... The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received ... In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.
Calculate this deadline
Deadline
Saturday, November 21, 2026
- Trigger (Date the builder received the homeowner's written post-repair mediation request): Friday, November 6, 2026.
- Exclude the trigger day and count 15 calendar days: Saturday, November 21, 2026.
- That day is a Saturday, but this date is fixed by the rule and does not move: Saturday, November 21, 2026.
Rules applied
Cal. Civ. Code 928
928. If the builder has invoked this chapter and completed a repair, prior to filing an action, if there has been no previous mediation between the parties, the homeowner or his or her legal representative shall request mediation in writing. ... The mediator shall have sufficient availability such that the mediation will occur within 15 days after the request for mediation is received ... In the event that a mediation is used at this point, any applicable statutes of limitations shall be tolled from the date of the request to mediate until the next court day after the mediation is completed, or the 100-day period, whichever is later.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
- Required before filing only if the builder completed a repair and there was no prior mediation. Tolling runs to the later of the next court day after mediation or the 100-day period (not modeled). SB 800 applies only to new residential units where the purchase agreement was signed by the seller on or after January 1, 2003 (Civ. Code 938). Chapter 4 time periods 'are to be strictly construed' and may be extended only by mutual agreement evidenced by a postclaim written confirmation by the homeowner (Civ. Code 930(a)). If the builder elected its own alternative nonadversarial contractual procedure at the time of sale (Civ. Code 914(a)), these statutory periods do not apply.
- 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 builder received the homeowner's written post-repair mediation request on Monday, March 15, 2027, personal service: due Tuesday, March 30, 2027.
- Trigger (Date the builder received the homeowner's written post-repair mediation request): Monday, March 15, 2027.
- Exclude the trigger day and count 15 calendar days: Tuesday, March 30, 2027.
Notes
Required before filing only if the builder completed a repair and there was no prior mediation. Tolling runs to the later of the next court day after mediation or the 100-day period (not modeled). SB 800 applies only to new residential units where the purchase agreement was signed by the seller on or after January 1, 2003 (Civ. Code 938). Chapter 4 time periods 'are to be strictly construed' and may be extended only by mutual agreement evidenced by a postclaim written confirmation by the homeowner (Civ. Code 930(a)). If the builder elected its own alternative nonadversarial contractual procedure at the time of sale (Civ. Code 914(a)), these statutory periods do not apply.
Related deadlines
- SB 800: builder acknowledges homeowner's notice of claim in writing within 14 days after receipt (14 days after)
- SB 800: builder provides plans, maintenance, product and warranty documents within 30 days of homeowner's written request (30 days after)
- SB 800: builder completes initial inspection and testing within 14 days after acknowledging the claim (14 days after)
- SB 800: builder specifies in writing reasons for a second inspection within 3 days after the initial inspection (3 days after)
- SB 800: second inspection or testing completed within 40 days of the initial inspection (40 days after)
- SB 800: builder's written offer to repair within 30 days of the initial (or second) inspection (30 days after)
- SB 800: homeowner authorizes repair (or requests alternative contractors) within 30 days of receiving the offer (30 days after)
- SB 800: builder's additional noninvasive inspection within 20 days of homeowner's election of alternative contractors (20 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.