California Lemon Law rules at a glance
California’s lemon law is part of the Song-Beverly Consumer Warranty Act, which starts at Civil Code § 1790. The presumption tests come from the Tanner Consumer Protection Act, § 1793.22. Unlike Texas or Florida, California has no state agency that decides lemon law cases. Owners use a manufacturer’s state-certified arbitration program or go to court.
| Rule | What California law says | Source |
|---|---|---|
| Vehicles covered | New vehicles bought or leased mainly for personal, family or household use; small-business vehicles under 10,000 lbs; demonstrators and dealer-owned vehicles sold with a new-car warranty | § 1793.22(e) |
| Not covered | Motorcycles, off-highway vehicles, motor home living quarters, used cars bought with leftover warranty | § 1793.22(e); Rodriguez (2024) |
| Presumption window | 18 months from delivery or 18,000 miles, whichever comes first | § 1793.22(b) |
| Safety Defect Test | Defect likely to cause death or serious bodily injury, repaired 2 or more times | § 1793.22(b)(1) |
| Four Repairs Test | Same defect repaired 4 or more times | § 1793.22(b)(2) |
| 30+ Days Test | Out of service for repair more than 30 calendar days in total | § 1793.22(b)(3) |
| Direct notice | Needed for the first two tests only if the manufacturer disclosed it in the warranty or owner’s manual | § 1793.22(b)(3) |
| Arbitration first | Required before relying on the presumption if the manufacturer has a certified program and told you in writing | § 1793.22(c) |
| Time limit | Opted-in manufacturers: 1 year after warranty ends, max 6 years from delivery. Others: generally 4 years | CCP § 871.21 |
| Usage offset | Price × miles before the first repair visit for the defect ÷ 120,000 | § 1793.2(d)(2)(C) |
| Penalty and fees | Civil penalty up to 2× damages for willful violations; winning buyer recovers attorney fees | § 1794 |
Does your car qualify under the California Lemon Law?
A vehicle qualifies when four things are true:
- It has a nonconformity: a defect that substantially impairs its use, value or safety.
- The defect is covered by the manufacturer’s express warranty.
- The manufacturer or its dealers had a reasonable number of repair attempts.
- The defect still exists.
California does not set a fixed number of attempts. Instead, § 1793.22(b) creates a presumption that the number was reasonable when one of three tests is met within 18 months or 18,000 miles:
Safety Defect Test
A defect likely to cause death or serious bodily injury was repaired 2 or more times.
§ 1793.22(b)(1)Four Repairs Test
The same defect was repaired 4 or more times by the manufacturer or its agents.
§ 1793.22(b)(2)30+ Days Test
The vehicle was out of service for repairs more than 30 calendar days in total since delivery.
§ 1793.22(b)(3)The 18-month window is not your warranty. Many pages say California only protects you for 18 months. That is the window for the presumption. A defect that appears later, while the warranty still applies, can still support a claim. You then prove the attempts were reasonable without the presumption’s help.
When do you have to notify the manufacturer directly?
For the Safety Defect and Four Repairs tests, you must notify the manufacturer directly at least once. This applies only if the manufacturer clearly disclosed the rule in the warranty or owner’s manual. Send the notice to the address printed there. The 30+ Days Test has no direct-notice condition.
Do you have to use arbitration first?
If the manufacturer runs a state-certified arbitration program and told you about it in writing, you must use that program before you can rely on the presumption in court (§ 1793.22(c)). Certified programs are free. The Department of Consumer Affairs says decisions generally come within 40 days. If you accept the decision, the manufacturer generally must carry it out within 30 days. If you reject it, you can still go to court.
How long do you have to file a California lemon law claim?
California changed its lemon law procedures in 2024 and 2025. Assembly Bill 1755 was signed on September 29, 2024. Senate Bill 26, signed on April 2, 2025, made the new procedures opt-in for manufacturers. The Department of Consumer Affairs publishes the list of manufacturers that opted in, and each election lasts five years.
| Rule | Manufacturer opted in to AB 1755 | Manufacturer did not opt in |
|---|---|---|
| Lawsuit deadline | 1 year after the express warranty ends, and never more than 6 years after original delivery (CCP § 871.21) | Courts have generally applied a 4-year limit |
| Time added (tolling) | Days the vehicle is in the shop for a defect; up to 60 days after a pre-suit notice; time in certified arbitration | Time in certified arbitration (§ 1793.22(c)) |
| Pre-suit notice | Written demand at least 30 days before suing for civil penalties. The manufacturer has 30 days to offer and 60 days to complete a buyback or replacement | No AB 1755 notice step |
| Where the rules are | Code of Civil Procedure §§ 871.20–871.30 | Civil Code §§ 1790–1795.7 |
Worked example: one California owner’s time limit
A car is delivered on March 15, 2025, with a 3-year / 36,000-mile basic warranty and a manufacturer that opted in. The owner drives about 10,000 miles a year, so the warranty ends by time on March 15, 2028. The lawsuit deadline is one year later, March 15, 2029, plus any days the car spent in the shop for the defect. The 6-year outer limit is March 15, 2031. Our lemon law deadline finder runs this calculation from your own dates.
Because the rules depend on the manufacturer, check the DCA’s AB 1755 page or ask a California lemon law attorney before relying on a date.
How to file a California lemon law claim
- Collect your recordsPurchase or lease contract, warranty booklet, owner’s manual, every repair order, rental or loaner receipts and all letters with the manufacturer.
- Read the warranty bookletFind the manufacturer’s lemon law notice address and whether it offers a state-certified arbitration program.
- Notify the manufacturer directlyWrite to the address in the booklet. Describe the defect, list each repair visit and ask for a buyback or replacement. Keep proof of mailing.
- Use certified arbitration if it appliesFile with the manufacturer’s state-certified program. It is free and decisions generally come within 40 days. See the DCA arbitration guide.
- Accept or reject the decisionIf you accept, the manufacturer generally has 30 days to comply. If you reject it, you keep the right to sue.
- Talk to a lemon law attorney before suingA buyer who wins recovers attorney fees and costs from the manufacturer (§ 1794(d)), so many California attorneys take these cases without upfront fees.
The Department of Consumer Affairs answers questions about certified programs at (800) 952-5210.
What you can get: replacement, restitution and penalties
When the manufacturer cannot fix a nonconformity, Civil Code § 1793.2(d)(2) requires it to replace the vehicle or pay restitution. You choose restitution instead of a replacement if you prefer.
| Remedy | What it includes |
|---|---|
| Restitution (buyback) | Price paid or payable, including transportation and manufacturer-installed options, finance charges paid, sales or use tax, license and registration fees, and incidental damages such as towing and rental costs. Dealer add-ons from other suppliers are excluded. Minus the usage offset. |
| Replacement | A new vehicle substantially identical to yours. The manufacturer pays the sales or use tax, license and registration fees for it. Minus the usage offset. |
| Civil penalty | Up to twice your actual damages if the manufacturer’s violation was willful (§ 1794(c)). |
| Attorney fees | A buyer who wins recovers attorney fees, costs and expenses (§ 1794(d)). |
How the California usage offset works
The manufacturer may deduct an amount for your use before the defect first sent the car to the shop. The formula is the price paid × miles driven before the first repair visit for that defect ÷ 120,000. Miles after that first visit are not deducted.
| Step | Math | Amount |
|---|---|---|
| Price paid (incl. transportation and factory options) | — | $42,000.00 |
| Usage offset | $42,000 × 6,100 ÷ 120,000 | −$2,135.00 |
| Restitution before taxes, fees and incidentals | Taxes, fees, finance charges paid and incidental costs are added | $39,865.00 |
Source for the formula and the included amounts: Civil Code § 1793.2(d)(2) and Judicial Council of California jury instruction CACI No. 3241.
Does the California Lemon Law cover used cars?
Usually not for a buyback. On October 31, 2024, the California Supreme Court decided Rodriguez v. FCA US, LLC (17 Cal.5th 189). It held that a used car bought with time left on the original manufacturer warranty is not a “new motor vehicle” under the lemon law, unless a new-car warranty was issued with the sale. That ruling replaced the older Jensen v. BMW rule that many websites still describe.
A used-car buyer still has other rights:
- The manufacturer must still repair defects covered by the remaining warranty.
- A dealer that gives its own written warranty also gives an implied warranty for the same period.
- The federal Magnuson-Moss Warranty Act lets buyers enforce written warranties in court.
Demonstrators and dealer-owned cars sold with a full new-car warranty still count as new vehicles.
Leases, motor homes, business vehicles and motorcycles
| Vehicle | Covered? | What changes |
|---|---|---|
| Leased new vehicle | Yes | Restitution is based on what you paid under the lease |
| Motor home | Partly | Chassis, chassis cab and drivetrain are covered; living quarters are not |
| Business vehicle | Yes, if small | Under 10,000 lbs gross weight, and the business has no more than 5 vehicles registered in California |
| Motorcycle | No | Excluded by § 1793.22(e) |
| Off-highway vehicle | No | Excluded when not registered under the Vehicle Code |
If you want to compare these rules with your own repair history, run a free lemon law check on your car.
California Lemon Law FAQs
What qualifies a car as a lemon in California?
A defect covered by the manufacturer’s warranty that substantially impairs the vehicle’s use, value or safety, and that the manufacturer could not fix after a reasonable number of attempts. Within 18 months or 18,000 miles, the law presumes the attempts were reasonable after 2 repairs of a defect likely to cause death or serious injury, 4 repairs of the same defect, or more than 30 days in the shop.
How many repair attempts are needed for the California lemon law?
There is no fixed number. The presumption uses 4 repairs of the same defect, or 2 repairs for a defect likely to cause death or serious bodily injury, within 18 months or 18,000 miles. A claim can still succeed with fewer attempts or after 18 months if the attempts were unreasonable for that defect while the warranty applied.
What is the statute of limitations for the California lemon law?
It depends on the manufacturer. For manufacturers that opted in to AB 1755, Code of Civil Procedure § 871.21 requires suit within 1 year after the express warranty ends and never later than 6 years after delivery, with time added for repair days. For other manufacturers, courts have generally applied a 4-year limit.
Does the California lemon law cover used cars?
Not for a buyback in most cases. In Rodriguez v. FCA US (2024), the California Supreme Court held that a used car bought with leftover factory warranty is not a new motor vehicle under the lemon law unless a new-car warranty was issued with the sale. The manufacturer must still make warranty repairs.
Is California lemon law arbitration free?
Yes. State-certified arbitration programs charge consumers nothing. The Department of Consumer Affairs says decisions generally come within 40 days of filing, and if you accept a decision the manufacturer generally has 30 days to comply.
Do I have to pay a lawyer for a California lemon law case?
Usually not upfront. Civil Code § 1794(d) makes the manufacturer pay the attorney fees and costs of a buyer who wins, so many California lemon law attorneys work without charging the owner directly.
Sources
Checked on October 10, 2026. We re-verify California rules when the legislature, the courts or the agency change them. Read how we check every rule in our editorial policy.
- California Civil Code § 1793.22 (Tanner Consumer Protection Act)
- California Civil Code § 1793.2 (replacement and restitution)
- California Code of Civil Procedure § 871.21 (time limits, AB 1755)
- Judicial Council CACI No. 3241, Restitution from manufacturer
- DCA Arbitration Certification Program: FAQs
- DCA: New Lemon Law Procedures (AB 1755 / SB 26)
- Rodriguez v. FCA US, LLC (Cal. 2024) 17 Cal.5th 189