Song-Beverly 1794(e): manufacturer avoids civil penalty by replacing/repurchasing within 30 days of service of buyer's written notice

30 days after date the buyer served the civ. code 1794(e)(3) written notice on the manufacturer, under Cal. Civ. Code 1794(e)(3), (4).

Rule text

(3) After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision. (4) If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.

Cal. Civ. Code 1794(e)(3), (4), official source

Calculate this deadline

Deadline
Sunday, December 6, 2026
  1. Trigger (Date the buyer served the Civ. Code 1794(e)(3) written notice on the manufacturer): Friday, November 6, 2026.
  2. Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
  3. That day is a Sunday, but this date is fixed by the rule and does not move: Sunday, December 6, 2026.
Rules applied
Cal. Civ. Code 1794(e)(3), (4)
(3) After the occurrence of the events giving rise to the presumption established in subdivision (b) of Section 1793.22, the buyer may serve upon the manufacturer a written notice requesting that the manufacturer comply with paragraph (2) of subdivision (d) of Section 1793.2. If the buyer fails to serve the notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision. (4) If the buyer serves the notice described in paragraph (3) and the manufacturer complies with paragraph (2) of subdivision (d) of Section 1793.2 within 30 days of the service of that notice, the manufacturer shall not be liable for a civil penalty pursuant to this subdivision.
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
  • Applies only to the 1794(e) (new motor vehicle, Tanner Act presumption) civil penalty; it is not a filing prerequisite for damages or for the 1794(c) willfulness penalty. No penalty under (e) if the manufacturer maintains a qualified third-party dispute resolution process substantially complying with 1793.22 (1794(e)(2)). Not a court paper, so CCP 1013 extensions are not applied; roll 'none' (cure-window end). If the manufacturer elected into CCP 871.20 et seq., the separate 871.24 pre-suit notice governs 1794(c) penalty claims (see lemon_871_24_* rules). Section last amended 1992.
  • 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.
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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 buyer served the Civ. Code 1794(e)(3) written notice on the manufacturer on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.

  1. Trigger (Date the buyer served the Civ. Code 1794(e)(3) written notice on the manufacturer): Monday, March 15, 2027.
  2. Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.

Notes

Applies only to the 1794(e) (new motor vehicle, Tanner Act presumption) civil penalty; it is not a filing prerequisite for damages or for the 1794(c) willfulness penalty. No penalty under (e) if the manufacturer maintains a qualified third-party dispute resolution process substantially complying with 1793.22 (1794(e)(2)). Not a court paper, so CCP 1013 extensions are not applied; roll 'none' (cure-window end). If the manufacturer elected into CCP 871.20 et seq., the separate 871.24 pre-suit notice governs 1794(c) penalty claims (see lemon_871_24_* rules). Section last amended 1992.

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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.