Song-Beverly Consumer Warranty Act claims: 4 years (borrowing Com. Code 2725)
48 months after date of breach (generally tender of delivery; for warranties extending to future performance, date breach was or should have been discovered), under Cal. Com. Code 2725; Cal. Civ. Code 1791.1(d).
Rule text
Civ. Code 1791.1(d): Any buyer of consumer goods injured by a breach of the implied warranty of merchantability and where applicable by a breach of the implied warranty of fitness has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701) of Division 2 of the Commercial Code, and, in any action brought under such provisions, Section 1794 of this chapter shall apply. Com. Code 2725(1): An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.
Cal. Com. Code 2725; Cal. Civ. Code 1791.1(d), official source
Calculate this deadline
- Trigger (Date of breach (generally tender of delivery; for warranties 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; Cal. Civ. Code 1791.1(d)
Civ. Code 1791.1(d): Any buyer of consumer goods injured by a breach of the implied warranty of merchantability and where applicable by a breach of the implied warranty of fitness has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701) of Division 2 of the Commercial Code, and, in any action brought under such provisions, Section 1794 of this chapter shall apply. Com. Code 2725(1): An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.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 Song-Beverly Act has no general limitations section of its own; application of the 4-year 2725 period to Song-Beverly claims is case law (e.g., Krieger v. Nick Alexander Imports, Inc. (1991) 234 Cal.App.3d 205; Mexia v. Rinker Boat Co. (2009) 174 Cal.App.4th 1297 on latent defects in implied warranty claims); verify. Implied warranty duration is 60 days to 1 year (Civ. Code 1791.1(c)), which is a separate question from the limitations period. Opt-in manufacturers under CCP 871.20 et seq. (AB 1755): different periods already in CA-PRESUIT (lemon_871_21_*). 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 (generally tender of delivery; for warranties 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 (generally tender of delivery; for warranties 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 Song-Beverly Act has no general limitations section of its own; application of the 4-year 2725 period to Song-Beverly claims is case law (e.g., Krieger v. Nick Alexander Imports, Inc. (1991) 234 Cal.App.3d 205; Mexia v. Rinker Boat Co. (2009) 174 Cal.App.4th 1297 on latent defects in implied warranty claims); verify. Implied warranty duration is 60 days to 1 year (Civ. Code 1791.1(c)), which is a separate question from the limitations period. Opt-in manufacturers under CCP 871.20 et seq. (AB 1755): different periods already in CA-PRESUIT (lemon_871_21_*). 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
- Unfair Competition Law (Bus. & Prof. Code 17200): 4 years (48 months after)
- Consumers Legal Remedies Act (Civ. Code 1770): 3 years (36 months after)
- Rosenthal Fair Debt Collection Practices Act: 1 year from violation (12 months after)
- Fair Debt Buyers Practices Act: action against a debt buyer within one year from the last violation (12 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.