Checklist: What You Need Before Filing a Lemon Law Claim in California

California Lemon Law 

California’s Lemon Law is more formally the Song-Beverly Consumer Warranty Act and is codified at California Civil Code § 1793.2 et seq., added by means of the Tanner Consumer Protection Act. It helps to protect the rights of consumers who buy or lease new or used vehicles that prove to be defective and unrepairable even after a reasonable number of attempts.

Key Legal References

1. California Civil Code § 1793.2: Regulates manufacturer demands for warranty repairs.
2. California Civil Code § 1793.22: Establishes the Lemon Law Presumption.
3. Assembly Bill 1755 (AB 1755): From April 1, 2025, this act mandated tighter deadlines and pre-litigation requirements for Lemon Law claims

What Is Covered By This Policy?

Eligible Vehicles

1. New vehicles, trucks, sport utility vehicles, and vans bought or leased in California.
2. Used cars under the original manufacturer’s warranty.
3. Dealer demonstrators and dealer-owned vehicles.
4. Automobiles driven for personal, family, household, or specified small business use (under 10,000 lbs and fewer than five vehicles registered).

Ineligible Vehicles

1. Motor vehicles and off-road recreational vehicles.
2. Vehicles not registered under the California Vehicle Code.
3. Abused or modified cars in a way that nullifies the warranty.

Things To Do Before Claiming 

(a) Law applies if: Valid warranty

The new or used car/ truck/ SUV/ motorhome/ dealer vehicle or drive train is purchased under the manufacturer’s original warranty. But it excluded those vehicles whose warranty has expired, commercial vehicles over 10,000 lbs, and those vehicles that are used in heavy fleet services. 

(b) Repair attempts made

You need to provide a fair amount of opportunity to the manufacturer or dealer to repair the defect. Lemon Law Presumption:

1. 2 or more tries at life-threatening or disabling defects.
2. 4 or more tries at identical non-life-threatening defects.
3. 30+ total days in the shop for an unspecified number of warranted problems.
4. These should occur within 18 months or 18,000 miles, whichever happens first.

What you need to gather?

1. Repair orders and invoices with proper date, description, and results. 
2. Manufacturer warranty or dealer booklet, if you have one. 
3. An agreement that mentions that you have purchased or leased the vehicle, along with the VIN and dates. 
4. Mileage logs and history of the vehicle with insurance. 
5. Details of the corresponding dealer or manufacturer. 

(c) Collect repair records

Collect all the papers that can define the repair you have made through an external source or certified dealer. It should include the date of services, odometer reading, a detailed description of the issue, and the solution implemented by the dealer. 

(d) Notice to the manufacturer- (AB 1755, Effective April 1, 2025)

Under California’s new AB 1755 law (effective April 1, 2025), a pre-suit notice has to be provided by the consumer to the manufacturer before bringing a Lemon Law action. Thus, if your vehicle is plagued by repeated defects and you believe it is a “lemon,” you’ll be under an obligation to provide notice in writing to the manufacturer at least 30 days before presenting your case to a court of law. This action needs to be directed to the manufacturer, not the dealer, and sent using certified mail or a similar traceable service. Upon your notice, the company is legally obligated to reply within 30 days and, in case they agree to conduct the repurchase or replacement, to execute it within 60 days. 

Negligence on their part to adhere to these timeframes for good reasons shall render them subject to civil penalties under the law. This new requirement offers a fair chance for resolution outside of court, and leaving this step out could get your lawsuit dismissed. It’s a crucial item on your Lemon Law to-do list.

(e) Choosing a Solution Route

As per Californian law, it provides different paths to pursue the solution, and here are the paths-

State-certified Arbitration

– Manufacturer’s Arbitration

State-licensed arbitration is no-cost, quick, and casual, provided by programs that are approved by California’s Department of Consumer Affairs (DCA). It settles Lemon Law complaints in an average of 30–40 days, without the use of an attorney. A third-party arbitrator listens to both parties and renders a decision in a binding or non-binding decision, depending upon the program. It’s usually the simplest and most effective first step for qualified consumers.

– Traditional Lawsuit 

Certain manufacturers maintain their arbitration schemes, but only certified ones through the DCA’s Arbitration Certification Program (ACP) qualify as satisfying California’s Lemon Law. These schemes are meant to resolve conflicts fairly, but decisions might lean favorably towards manufacturers. Consumers need to check for certification before taking advantage of these programs. Despite being informal, judgments are not always final, and you retain the right to pursue court action in the future.

– Statute of limitations

If arbitration does not proceed in your favor or you simply prefer, you can sue under the Song-Beverly Consumer Warranty Act (Civil Code §§ 1790–1795.7). This formal legal procedure typically results in greater settlements, such as civil penalties and attorney fees. It’s most suitable for complicated or high-value claims, but it is slower and may involve legal counsel. Most successful Lemon Law cases are settled this way.

(f) Understand the statute of limitations

As of April 1, 2025, California’s new AB 1755 law requires a pre-suit notice to be issued by the consumer to the manufacturer prior to filing a Lemon Law case. If the car is a lemon, the notice should be issued to the dealer by the owner 30 days prior to legal action. The notice should contain your name, address, Vehicle Identification Number (VIN), description of the defect and previous attempt at repairs, and a written repurchase (buyback) or new vehicle request. 

The law offers four years to the owner to legally file the case. Also, if the vehicle is out for services and has been there for more than 60 days after pre-suite notice, then you can claim the law even after the warranty period. 

(g) Prepare the form and seek legal advice

It is important to have a certified legal attorney by your side. Sage Law Group always focuses on giving the best advice and outcomes to the clients. First, check whether your collected data covers most of the part, and then consult with the expert to process the next step. Experts like Sage Law Group can help you get the best results in the form of refunds/reimbursements/ exchanges, or repairs. Also, make sure to ask all the questions, because understanding the right is your responsibility. 

(h) File your claim

After understanding all the legal rights and possibilities, file your claim with the help of your attorney. 

Recent updates in the law

AB 1755 (2025 update)

1. This introduces a mandatory pre-limitation notice and mediation
2. The consumer must file a claim within one year after expiration or six years of the original warranty.
3. A written notice (including details of repair, defects, etc) must be given to the manufacturer 30 days after filing the case.
4. Penalties have been imposed for non-compliance, like $50 per day for delays.
5. Mediation should be completed within 150 days and must be scheduled within 90 days of the manufacturer’s response. 

Rodriguez v. FCA US LLC

In the recent court ruling, a limited scope of lemon law protection has been applied, basically on used cars. Lemon law will no longer be applied to those used vehicles that are not certified pre-owned or dealer-demonstrated vehicles. 

Here is a comprehensive checklist that you can use before claiming- 

1. Is the vehicle under warranty?
2. Does the defect occur within 18 months or under 18,000 miles
3. Repair invoices collected 
4. Corresponded with invoices collected 
5. Repairs made or been in service for more than 30 days 
6. Pre-suited notice drafted
7. Statute of limitations
8. Legal counsel

Conclusion

Filing a lemon law claim is not an easy task, as it requires knowledge, understanding, and steps that help to get the right results. Also, make sure to get updated on the 2025 changes. Moreover, after knowing all the rights and finalising an expert attorney, it is time for you to file your claim. Sage Law Group is one of the certified attorneys that helps many people. If you are still confused about anything, it is better to contact me. 

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