§ 871.21.Time Limits For Commencing Actions; Tolling Provisions

Title 10. Actions In Particular Cases · Chapter 12. Actions for Restitution for or Replacement of Certain Motor Vehicles · Enacted 1755 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 871.21 requires an action covered by § 871.20 to be filed within one year after the applicable express warranty expires and no later than six years after the vehicle's original delivery date, subject to tolling for statutory periods, out-of-service repair time, and pre-suit notice.

Full Text of § 871.21

Text sizeJump to: (a) (b) (c)

(a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty.

(b) Notwithstanding subdivision (a), an action covered by Section 871.20 shall not be brought later than six years after the date of original delivery of the motor vehicle.

(1) As provided by tolling requirements prescribed in subdivision (c) of Section 1793.22 of the Civil Code, as applicable.

(2) For the time the motor vehicle is out of service by reason of repair for any nonconformity.

(3) For the time period after a pre-suit notice is provided to the manufacturer in accordance with Section 871.24, which time period shall not exceed 60 days.

Plain-English Summary

This section sets the clock for a Chapter 12 action. The basic rule in subdivision (a) is one year after the applicable express warranty expires. Subdivision (b) then adds an outer boundary: no matter how the warranty period runs, the action can't be filed later than six years after the vehicle's original delivery date.

Subdivision (c) tolls -- pauses -- both of those periods in three situations: whatever tolling Civil Code section 1793.22(c) already provides, the time the vehicle spends out of service for repair of a nonconformity, and the time following a pre-suit notice sent under § 871.24, capped at 60 days. That last form of tolling makes sense given § 871.24's own notice-and-waiting-period requirements before civil penalties can be sought -- the consumer shouldn't lose time on the filing clock while going through that required process.

Frequently Asked Questions

How long after the warranty expires can this action be filed?

Within one year, subject to the tolling this section allows.

Is there an absolute outer deadline regardless of the warranty period?

Yes. No later than six years after the vehicle's original delivery date.

What pauses these filing deadlines?

Tolling under Civil Code section 1793.22(c), time the vehicle is out of service for repair of a nonconformity, and up to 60 days for the pre-suit notice period required by § 871.24.

Amendment History

Added by Stats 2024 ch 938 (AB 1755),s 1, eff. 1/1/2025.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

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