California Lemon Law Attorneys

DEFECTIVE VEHICLE?

A WARRANTY SHOULD MEAN MORE THAN ANOTHER TRIP TO THE DEALER.

California Lemon Law Help Based on Your Repair Record

When a vehicle keeps returning to the shop, there is no single repair number that answers every legal question. The first things that matter are the defect, when it began, what the warranty covers, and what each repair order says.

Our review starts with those records. The Law Offices of Jacob Emrani can organize the repair history, identify the warranty-covered problems, and explain whether California law may support a repurchase, replacement, or another negotiated resolution.

Last updated September 2026. This page provides general legal information, not legal advice.

The Core Rule Under California’s Lemon Law

California’s Lemon Law is part of the Song-Beverly Consumer Warranty Act. California Civil Code section 1793.2 sets the main rule. If a manufacturer cannot fix a new vehicle after a reasonable number of attempts, it must promptly replace the vehicle or make restitution. The buyer may choose restitution instead of accepting a replacement.

A qualifying defect—called a “nonconformity” in the statute—must substantially impair the vehicle’s use, value, or safety. Damage caused by unauthorized or unreasonable use is not covered by this rule.

The 18-Month or 18,000-Mile Presumption

There is no automatic “three strikes” rule. Instead, Civil Code section 1793.22 creates a rebuttable presumption when a problem arises within 18 months after delivery or within the first 18,000 miles, whichever comes first.

The presumption may apply when one of these benchmarks is met.

• The manufacturer or its agents tried at least twice to repair the same defect that is likely to cause death or serious bodily injury, but the defect remains.
• The manufacturer or its agents tried at least four times to repair the same defect, but the defect remains.
• Warranty repairs kept the vehicle out of service for more than 30 cumulative calendar days.

Direct notice to the manufacturer may also be required for the two- or four-attempt benchmarks if the warranty or owner’s manual clearly disclosed that requirement. The presumption shifts part of the burden of proof, but it is not the only way to establish a claim. A vehicle can still qualify outside the first 18 months or 18,000 miles when the complete evidence shows that the manufacturer had a reasonable opportunity to repair a substantial warranty defect.

A Practical Example

Suppose a new SUV loses power while entering the freeway. The dealer updates the software, returns the SUV, and closes the repair order. The same failure happens again two weeks later, but the second order describes it only as a warning-light complaint.

Those documents do not tell the same story unless someone connects them. A useful legal review compares the driver’s description, diagnostic codes, mileage, days in the shop, repair work, videos, and messages with the dealer. That record may show one recurring safety defect rather than two unrelated visits.

Vehicles and Defects We Examine

The statutory definition generally covers new vehicles bought or leased mainly for personal, family, or household use. It can also cover a vehicle under 10,000 pounds used mainly for business when no more than five vehicles are registered to the business. Demonstrators and certain dealer-owned vehicles sold with a manufacturer’s new-car warranty may qualify.

A used vehicle may have Lemon Law protection when a manufacturer’s new-car warranty is issued with the sale. Dealer warranties and service contracts raise different legal questions. Motorcycles are excluded from the “new motor vehicle” definition in section 1793.22, although other warranty laws may still provide remedies.

We look for defects that affect real-world use, value, or safety, including:

• Engine stalling, loss of power, overheating, or excessive oil use
• Transmission slipping, hesitation, or hard shifting
• Brake, steering, suspension, or acceleration problems
• Electric-vehicle battery, charging, range, or thermal-management failures
• Airbag, seat-belt, camera, or driver-assistance defects
• Electrical failures, warning lights, or repeated software faults
• Water leaks, mold, or climate-control problems

The name of the failed part is less important than the evidence showing what the vehicle did, how often it happened, and whether the repair attempts solved it.

Repurchase, Replacement, and Other Resolutions

A statutory repurchase is not the vehicle’s current market value. Under section 1793.2, restitution can include the actual price paid or payable, manufacturer-installed options, taxes, registration, and license fees. It can also include qualifying losses such as reasonable towing, repair, and rental-car expenses.

The manufacturer may claim a mileage offset for use before the first repair visit for the defect that led to the claim. The statute calculates that offset by multiplying the vehicle’s actual price by the miles driven before that first repair presentation, divided by 120,000. Identifying the correct first visit can therefore make a meaningful difference.

A replacement must be a substantially identical new vehicle, with the warranties that normally accompany that model. The buyer cannot be forced to accept replacement instead of restitution. A “cash-and-keep” payment, by contrast, is usually a negotiated settlement rather than the statutory repurchase remedy.

Under Civil Code section 1794, a court may award a civil penalty of up to twice the actual damages when a buyer proves a willful violation. A prevailing buyer may also recover reasonably incurred costs and attorney’s fees. Neither result is automatic.

Current Deadlines and Pre-Suit Notice Rules

Lemon Law deadlines require a case-specific review. Code of Civil Procedure section 871.21 applies to manufacturers that elected to proceed under Chapter 12. It generally requires a covered action within one year after the applicable express warranty expires. It also sets a six-year outside limit from original delivery. Statutory tolling can extend those periods.

For those covered actions, section 871.24 has applied since July 1, 2025. A consumer who plans to seek a civil penalty generally must give the manufacturer written notice at least 30 days before filing. The notice must identify the consumer and VIN, summarize the problems and repair history, and demand repurchase or replacement. Possession requirements also apply.

These Chapter 12 rules do not apply to every manufacturer or every warranty claim. Other limitation periods, notice provisions, arbitration requirements, or tolling rules may control. Do not use the outside dates as a reason to wait.

What to Preserve Before a Case Review

Bring the documents that show the history without relying on memory:

1. Purchase or lease agreement: Include financing, add-ons, and any prior-vehicle negative equity.
2. Warranty booklet and owner’s manual: Save the version delivered with the vehicle.
3. Every repair order: Check the complaint, dates, mileage, days out of service, and work performed.
4. Dealer and manufacturer communications: Keep emails, texts, case numbers, letters, and call notes.
5. Current financial records: Gather registration, payment history, and an estimated payoff amount.
6. Out-of-pocket losses: Save towing, rental, transportation, and related repair receipts.
7. Evidence of intermittent defects: Preserve videos, photos, warning messages, and a dated symptom log.

Continue making required vehicle and insurance payments unless a qualified professional advises otherwise. Also get advice before trading in or selling the vehicle because current law may require possession or specific notice before certain remedies are pursued.

How Our Lemon Law Review Works

We begin by building a repair timeline—not by counting visits in isolation. We compare repeated complaints, diagnostic codes, parts, software updates, mileage, and days out of service. We also identify the applicable warranty, the first repair presentation tied to the defect, and any direct notice already sent to the manufacturer.

Next, we explain which legal route the records may support and what additional proof would help. If the matter moves forward, we can prepare the required notice and a documented demand. We can also communicate with the manufacturer and compare any offer with the statutory calculation.

Official California Sources

• California Attorney General: California Lemon Law overview
• Civil Code section 1793.2: repair, replacement, and restitution
• Civil Code section 1793.22: repair-attempt presumption
• Civil Code section 1794: damages, penalties, and attorney’s fees
• Code of Civil Procedure section 871.24: current notice procedure

Frequently Asked Questions

Request a Record-Based Lemon Law Review

If warranty repairs have not resolved a substantial defect, gather the purchase or lease agreement and every repair order. Contact the Law Offices of Jacob Emrani for a free review of the timeline, warranty, notice history, and possible next steps.