You expected a dependable ride. Instead, your “new” car keeps spinning out of your driveway into the service bay. So, what’s the legal process for a Lemon Law claim in California—and how do you move from frustration to resolution?
Here is a step-by-step roadmap based on California’s rules and our professional guidance—so you know what to expect and what to do next.
1) Confirm That You’re Eligible
California’s Lemon Law (Song-Beverly) protects vehicles with manufacturer warranty defects that meaningfully affect use, value, or safety and aren’t fixed after a reasonable number of attempts or excessive time in the shop.
The statute includes a “presumption” that helps prove your case when, within 18 months/18,000 miles:
- More than two attempts for a serious safety issue fail,
- More than four attempts for a non-safety defect fail, or…
- The vehicle is out of service for 30 days or more.
California’s Lemon Law generally applies when all of the following are true:
- Your vehicle was covered by the manufacturer’s original warranty when the defect first appeared.
- The defect substantially impairs the vehicle’s use, value, or safety.
- The dealer/manufacturer had a reasonable number of repair attempts, or the vehicle was out of service for more than 30 cumulative days for warranty repairs.
- The issue was not caused by abuse, neglect, or unauthorized modifications.
- The vehicle was purchased or leased in California. (Note: active-duty military stationed in CA may qualify even if the vehicle was purchased out of state.)
2) Gather Your Records (This Part’s Crucial)
Successful claims are built on paper. Save repair orders, service invoices, and warranty paperwork, plus any emails/texts with the dealer or manufacturer. Our firm’s guide emphasizes that thorough documentation strengthens your claim.
3) Engage Counsel Early
Manufacturers pay consumers’ reasonable attorney’s fees when they prevail—so getting a California Lemon Law attorney on board early costs you nothing out of pocket and levels the playing field. Here at The Lemon Lawyer, our services are offered at no cost to the consumer and ensure direct, expert handling.
4) Pre-Suit Notice (Follow the New Rules for 2025)
California updated Lemon Law procedures in 2025. Under AB 1755 (and related changes), most cases now involve a written pre-suit notice that gives the manufacturer a defined window to respond before you file. This law went into effect April 1, 2025, with other provisions effective Jan 1, 2025. The Department of Consumer Affairs and legal analyses outline these new procedures that aim to encourage faster resolutions.
A 30-day manufacturer response cycle is typical, with many matters resolving in about 30 to 60 days after that. Timelines can vary, of course, but the idea is to press for prompt relief.
5) Inspection, Repair Attempt, or Settlement
After notice, the manufacturer may request an inspection, propose another repair attempt, or negotiate buyback, replacement, or cash compensation. California also recognizes manufacturer dispute programs; they’re not always mandatory, but they can factor into the process. (The state’s Arbitration Certification Program provides official guidance to consumers and manufacturers.)
6) If/When Talks Stall—File the Lawsuit
If pre-suit efforts don’t resolve matters, your attorney will file suit seeking the remedies the law provides—refund (buyback), replacement, or cash compensation—plus attorneys’ fees. Consumers have the right to choose a refund over replacement.
Note: As of Jan 1, 2025, California added clearer filing deadlines for restitution/replacement actions. Typically, these take effect within one year after the express warranty expires, and never more than six years from original delivery (whichever comes first). Don’t wait. Ask your lawyer to calculate your window today.
7) Payout Details
When you prevail, the buyback remedy can include payments such as down payment, monthly payments, certain taxes/fees, and towing/rental costs related to the defect (less a statutory mileage offset).
Why work with The Lemon Lawyer
We offer a specialized focus at no cost to you. Our fees are paid by the manufacturer when you win, and our proven system—clear intake, demand, negotiation, and, when needed, litigation—has delivered numerous buybacks, replacements, and cash settlements statewide.
Our firm’s guidance aligns with the law’s emphasis on records, so your case file is airtight from day one.
So, what is the legal process for a Lemon Law claim? Don’t get bogged down in the minutiae. Contact the professionals and seek a resolution today. Reach out to our team to learn more and get started.