Breach of contract for sale of goods (incl. warranty): 4 years
48 months after date of breach (warranty: date of tender of delivery; warranty explicitly extending to future performance: date breach was or should have been discovered), under Cal. Com. Code 2725(1), (2).
Rule text
2725. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
Calculate this deadline
- Trigger (Date of breach (warranty: date of tender of delivery; warranty explicitly extending to future performance: date breach was or should have been discovered)): Friday, November 6, 2026.
- Add 48 months: Wednesday, November 6, 2030.
Cal. Com. Code 2725(1), (2)
2725. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."Official source
- The original agreement may shorten this to not less than one year (cannot extend). Discovery rule does not apply except for warranties explicitly extending to future performance. 2725(3): new action within 6 months after termination of a timely action (not for voluntary dismissal or failure to prosecute); not modeled. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
- 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 of breach (warranty: date of tender of delivery; warranty explicitly extending to future performance: date breach was or should have been discovered) on Monday, March 15, 2027, personal service: due Monday, March 17, 2031.
- Trigger (Date of breach (warranty: date of tender of delivery; warranty explicitly extending to future performance: date breach was or should have been discovered)): Monday, March 15, 2027.
- Add 48 months: Saturday, March 15, 2031.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 17, 2031 (Cal. Code Civ. Proc. 12, 12a, 12b, 350).
Notes
The original agreement may shorten this to not less than one year (cannot extend). Discovery rule does not apply except for warranties explicitly extending to future performance. 2725(3): new action within 6 months after termination of a timely action (not for voluntary dismissal or failure to prosecute); not modeled. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
Related deadlines
- Publicly held corporate bonds, notes or debentures: 6 years (72 months after)
- Breach of written contract: 4 years (48 months after)
- Money judgment for deficiency after trustee's sale: 3 months after sale (3 months after)
- Book account, account stated, or open account: 4 years (48 months after)
- Rescission of written contract: 4 years (48 months after)
- General obligation bonds or coupons of a California public entity: 10 years (120 months after)
- Breach of oral (unwritten) contract: 2 years (24 months after)
- Rescission of oral contract: 2 years (24 months 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.