Lemon Law Attorney
You bought the car. You did everything right. You financed through the dealer, you showed up for every service appointment, and you kept every repair order, but the car still does not work. That is the point where most Californians start searching for a lemon law attorney, and that is the point where the manufacturer starts hoping you give up.
At West Coast Auto Defect Lawyers, our firm represents consumers across California under the Song-Beverly Consumer Warranty Act, the strongest vehicle lemon law in the country. If your new or certified pre-owned vehicle has a defect the manufacturer cannot fix after a reasonable number of attempts, you may be entitled to a full buyback, a replacement vehicle, or a cash settlement that lets you keep the car.
Call (888)-893-4370 or fill out our online contact form to speak to an experienced lemon law lawyer and learn your legal options today.
Table of Contents
What Is the California Lemon Law?
The California lemon law is the Song-Beverly Consumer Warranty Act, codified at California Civil Code sections 1790 through 1795.8. It was signed into law in 1970 and has been strengthened several times since, most recently through Assembly Bill 1755, which took effect for covered manufacturers on April 1, 2025.
The statute gives California buyers and lessees the right to a refund or replacement when a new vehicle has a defect the manufacturer cannot repair within a reasonable number of attempts, provided the defect substantially impairs the vehicle’s use, value, or safety.
How Does California’s Lemon Law Fare Compared to Other States?
Two things make the California lemon law stronger than the lemon laws in other states. First, the statute does not require the same part to be repaired multiple times. The vehicle is the lemon, not the component. If your car has been back to the dealer for a string of different defects and none of them are getting fixed, that counts.
Second, California allows a civil penalty of up to two times actual damages when the manufacturer willfully violates the law. That penalty is why serious California lemon law firms recover significantly more than the purchase price on the strongest cases.
Are There Any Federal Laws Covering Defective Vehicles?
The Magnuson-Moss Warranty Act, 15 U.S.C. section 2301, protects any consumer who received a written warranty on a consumer product. It runs parallel to Song-Beverly and gives us a federal court option when it makes sense for the case. Most of our work is state-court Song-Beverly litigation, but the federal claim is a tool we keep on the table.
California lemon law filings have been rising every year, driven by new vehicle defects, EV technology issues, and the scope changes introduced by AB 1755. We break down the data in our blog post on why lemon law cases are increasing in California if you want to see the context behind the trend.
How Does a Car Qualify for Lemon Law in California?
To qualify under the California lemon law, four things generally need to be true.
- The vehicle must have been purchased or leased with a manufacturer’s written warranty.
- The defect must have appeared during the warranty period.
- The defect must substantially impair the vehicle’s use, value, or safety.
- The manufacturer or its authorized dealer must have had a reasonable number of attempts to repair the defect without success.
Substantial Defects the Lemon Law Covers
A substantial defect is one that a reasonable buyer would not have accepted had they known about it. Cosmetic problems and minor annoyances do not qualify on their own. The defects we see most often in California lemon law cases include:
- Engine defects, including stalling, knocking, oil consumption, and sudden power loss
- Transmission problems, particularly hard shifts, slipping, shuddering, and CVT failures
- Electrical defects, including dead batteries, faulty infotainment systems, and warning lights that will not clear
- Braking system problems, including failures, warping, and ABS malfunctions
- Airbag and seatbelt defects covered by recalls that dealers cannot fully resolve
- Suspension and steering issues, including the death wobble on certain trucks
- Coolant, oil, or fluid leaks the dealer cannot seal
- Paint and exterior coating defects substantial enough to devalue the vehicle
- EV-specific defects, including battery failures, charging faults, software bugs that affect drivability, and high-voltage warnings
If the defect affects safety, even a single repair attempt can be enough under the statute. For anything less urgent, the manufacturer gets a reasonable number of attempts, which California courts have generally interpreted as two to four tries on the same defect or thirty cumulative days out of service during the warranty.
A question we get often is whether aftermarket modifications affect a claim. Short answer: not automatically, because the analysis turns on whether the modification caused the defect.
Vehicles the California Lemon Law Covers
California’s lemon law presumption at Civil Code section 1793.22(b) creates a rebuttable presumption that a vehicle is a lemon if certain requirements are met. However, Song-Beverly applies to more than just new passenger cars. Coverage includes:
- New vehicles: Cars, trucks, SUVs, and vans sold new with a manufacturer warranty, including those used primarily for personal, family, or household purposes, and business vehicles when the business has registered no more than five vehicles in California and the gross weight is under 10,000 pounds.
- Leased vehicles: Leases originating in California are covered. You do not need to currently own or possess the vehicle to file a claim. If it was a lemon during your lease, you can still bring a case.
- Certified pre-owned vehicles: CPO vehicles sold with a manufacturer’s written CPO warranty qualify under Song-Beverly. Regular used cars with a remaining factory warranty may also qualify.
- Demonstration vehicles: Technically used, but sold with manufacturer warranties, and therefore covered.
- Motorcycles, RVs, and motorhomes: Covered when they meet the weight and use requirements under the statute.
- Electric vehicles: Fully covered. Over-the-air software updates targeting the same defect count as repair attempts. Battery and high-voltage system defects are treated the same as engine and transmission defects in a gas vehicle.
Work vehicles, fleet vehicles, and some specialty builds such as food trucks also often get asked due to a business’s dependency on it and these vehicles can qualify when they meet the statutory requirements.
How California Lemon Law Is Applied Between Used Cars Vs. New Cars
The California lemon law for used cars is one of the most misunderstood parts of the statute. Song-Beverly does cover used vehicles, but with a narrower scope than new vehicles. If your used car was sold as-is with no warranty, Song-Beverly almost certainly does not apply.
However, you may still have a claim under California Vehicle Code section 11711, the Consumers Legal Remedies Act, or common-law fraud if the dealer concealed prior damage, rolled back the odometer, sold a rebuilt title without disclosure, or misrepresented the vehicle’s condition.
In comparison for new cars, the analysis is much cleaner because every new vehicle sold in California comes with a manufacturer’s written warranty. The moment a defect appears during that warranty period, Song-Beverly coverage applies and the dealership gets its repair attempts. If the defect persists, the manufacturer has a statutory duty to buy the vehicle back or replace it.
The Most Common Problem in Defective Vehicle Claims
What trips people up on defective vehicle cases is not the law, but the documentation to support a claim. Manufacturers and their defense counsel look for any excuse to argue that a repair was not actually performed, that the customer did not give the dealer a fair chance, or that the defect was caused by the owner’s use.
With that in mind, it is highly urged to keep every repair order, get a copy of the technician notes (not just the customer-facing summary) and follow up in writing when a problem returns. When you do so, cross-reference the repair against the NHTSA recalls and technical service bulletin database to confirm whether your defect is part of a known pattern. We cannot overstate how much stronger a case becomes when the paper trail is clean from the first visit forward.
California Lemon Law Time Limit
The statute of limitations under Song-Beverly has changed, and this is the single most important deadline in a California lemon law claim. For vehicles sold or leased by manufacturers who opted into AB 1755, which took effect April 1, 2025, claims must generally be filed within one year after the express warranty expires, or within six years from the date the vehicle was delivered, whichever comes first.
For vehicles sold before AB 1755 took effect, or sold by manufacturers who did not opt in, the traditional four-year statute of limitations under California Commercial Code section 2725 continues to apply.
Are There Any Requirements When I File a Claim?
AB 1755 also added a pre-litigation notice requirement. For opted-in manufacturers, consumers must provide written notice of the alleged defect and the demand for relief at least 30 days before filing suit. This is not a casual letter, because the notice has to identify the vehicle, the defects, the repair history, and the remedy requested in a form the statute accepts. Getting the notice wrong can delay your case or force you to restart the clock.
What Is Your California Lemon Law Case Worth?
California lemon law remedies fall into three categories. Which one you end up with depends on the facts of your case, the manufacturer’s response, and what is in your best financial interest.
Buyback (Repurchase)
A vehicle buyback returns the money you paid into the vehicle. Under California Civil Code section 1793.2(d)(2)(B), the manufacturer must refund the full purchase price, including the down payment, all monthly payments made to date, and pay off the loan or lease balance.
Additionally they must also reimburse collateral charges like sales tax, registration, and finance charges, and cover incidental damages such as rental car costs, towing, and out-of-pocket repair costs. The manufacturer is entitled to a mileage offset calculated from the mileage at the time of the first repair attempt on the defect.
Replacement Vehicle
Instead of a buyback, you can accept a substantially similar new vehicle from the manufacturer. Same make, comparable model, comparable options and the manufacturer pays the taxes and registration on the new vehicle.
Replacement is more common in RV cases and in cases where the consumer loves the model but wants a different VIN. For most passenger car cases, a buyback is the cleaner outcome.
Cash and Keep (Cash Settlement)
A cash and keep settlement pays you a lump sum while you keep the vehicle and the loan. This makes sense when the defect is annoying but not dangerous, when the vehicle is close to being paid off, or when current interest rates make a replacement purchase economically painful. Cash settlements are negotiated, but are not formulaic, which is why representation matters on this path in particular.
Civil Penalties Up to Two Times Actual Damages
When we can prove the manufacturer willfully violated Song-Beverly, Civil Code section 1794(c) authorizes a civil penalty of up to two times the amount of actual damages. Willful violations include denying a valid buyback request, slow-walking the repurchase process, or refusing to honor the warranty without a legitimate basis. Civil penalties are where the real leverage lives in a California lemon law case, and they are why manufacturers settle strong claims rather than let them reach a jury.
Attorney's Fees Paid by the Manufacturer
Under Civil Code section 1794(d), a prevailing consumer is entitled to recover attorney’s fees, costs, and expenses from the manufacturer should you choose to file a claim with an attorney. You do not pay our firm out of your pocket, because attorney fees are either paid by the manufacturer as part of a settlement or ordered by the court after a verdict. That is how California structured the statute, and it is why every consumer who qualifies should hire legal counsel.
The California Lemon Law Process, Start to Finish
Step 1: Free Case Review
You call or submit your case through our form. We review your repair orders, warranty, and purchase documents. Most case reviews are completed within one business day. If your case qualifies, we sign you up on a contingency basis, meaning you pay nothing unless we win.
Step 2: Pre-Litigation Demand
For AB 1755 manufacturers, we serve the 30-day pre-litigation notice the statute requires. For other manufacturers, we open the demand with a letter identifying the defect, the repair history, and the statutory remedy we are seeking. Strong cases often settle at this stage because the manufacturer’s in-house counsel knows what a jury will do with the facts.
Step 3: Filing Suit
If the manufacturer refuses to resolve the claim on reasonable terms, we file suit in the appropriate California superior court. The manufacturer has 30 days to answer. Litigation then moves through written discovery, depositions, and a vehicle inspection by the manufacturer’s expert.
Step 4: Settlement or Trial
The majority of California lemon law cases settle before trial, usually after depositions and after the manufacturer sees the strength of the record. Cases that do not settle go to jury trial, which typically runs five to seven days. Our firm is prepared to try every case we file. Manufacturers know that, and it is reflected in what they offer.
Why You Need a California Lemon Law Attorney
Technically, Song-Beverly does not require you to have an attorney. Practically speaking, going into a lemon law dispute without one is how consumers lose cases they should have won. Manufacturers have in-house legal teams and they negotiate lemon law buybacks all day. On top of it all, they know the offset formulas, the procedural traps, and know that most unrepresented consumers will accept the first offer because they are tired of the process.
How a Lemon Lawyer Improves Your Chances of Compensation
An experienced California lemon law firm changes the math. An attorney knows which defects carry civil penalty exposure and know which manufacturers will try to settle early vs which ones will make you go to trial. Every call, email, and piece of paperwork runs through the firm and because attorneys know how to document a repair history so that a jury can follow it.
For example, West Coast Auto Defect Lawyers, is built for consumer auto defect claims in California and our team of litigation attorneys handle lemon law cases statewide and we tell clients directly when a claim does not qualify. If you have a case, we will tell you. If you do not, we will tell you that too, along with what other options you may have.
California Lemon Law Cases Against Every Manufacturer
We file California lemon law claims against every major manufacturer selling vehicles in the state, including:
- Ford, General Motors (Chevrolet, GMC, Cadillac, Buick), Stellantis (Jeep, Ram, Dodge, Chrysler)
- Toyota, Honda, Nissan, Mazda, Subaru, Mitsubishi
- BMW, Mercedes-Benz, Audi, Volkswagen, Porsche, Volvo
- Hyundai, Kia, Genesis
- Tesla, Rivian, Lucid, Polestar
- Land Rover, Jaguar, Mini, Fiat, Alfa Romeo, Maserati
- Lexus, Acura, Infiniti, Lincoln
- Forest River, Thor, Winnebago, Jayco, Tiffin, and other RV manufacturers
Consumer Reports tracks reliability across every major manufacturer, and their most reliable cars rankings consistently show that certain brands and specific model years generate significantly more repair complaints than others, which lines up closely with the makes and models we see recurring in California lemon law claims.
Frequently Asked Questions About Lemon Law
The California lemon law is the Song-Beverly Consumer Warranty Act, found at Civil Code sections 1790 through 1795.8. It requires manufacturers to buy back or replace vehicles that have a defect they cannot fix after a reasonable number of repair attempts, as long as the defect substantially impairs the use, value, or safety of the vehicle and appeared during the warranty period. The California Department of Consumer Affairs lemon law guide provides the state's official overview.
You need a vehicle sold with a manufacturer warranty, a defect that appeared during the warranty period, a defect that substantially impairs use, value, or safety, and a reasonable number of failed repair attempts by the manufacturer or its authorized dealer. Safety defects can qualify on as few as one or two repair attempts. Other defects generally need two to four, or 30 cumulative days out of service.
It depends on whether the manufacturer opted into AB 1755. For opted-in manufacturers, you generally have one year after the warranty expires or six years from delivery, whichever comes first, and you must provide a 30-day pre-litigation notice before filing. For manufacturers who did not opt in, the traditional four-year statute of limitations under California Commercial Code section 2725 applies. Safest practice is to consult an attorney as soon as you suspect you have a lemon.
Nothing out of pocket. Under Civil Code section 1794(d), the manufacturer pays your attorney's fees, costs, and expenses when you win. We work on contingency, which means no retainer, no hourly fees, and no invoices to you. If we do not recover, you owe us nothing.
Civil Code section 1793.22 creates a rebuttable presumption that a vehicle is a lemon if, within 18 months of delivery or 18,000 miles, whichever comes first, there have been four or more repair attempts on the same defect, two or more attempts on a defect likely to cause death or serious injury, or more than 30 cumulative days out of service. Cases outside the presumption can still qualify on the general reasonableness standard.
Yes. Leased vehicles are fully covered under Song-Beverly. Your damages include the payments you made, the capitalized cost reduction, and any other amounts you paid on the lease. You do not have to currently own or lease the vehicle to make a claim. If it was a lemon while you had it, the claim survives.
Yes, but with conditions. Used cars are covered under Song-Beverly when they were sold with a manufacturer's written warranty, sold as certified pre-owned with a CPO warranty, or sold with an express written warranty from the dealer. Regular as-is used sales are usually not covered by the lemon law, but may still support a claim under the California Consumers Legal Remedies Act or for common-law fraud.
Timing depends on the manufacturer, the defects, and the court. Some cases resolve within 60 to 90 days on the pre-litigation demand. Cases that require filing suit generally resolve within 6 to 12 months. Trials, when needed, are scheduled within roughly a year of filing, though the specific county matters. Most of our California lemon law cases settle before trial.
You still have a claim. Song-Beverly damages are calculated based on what you paid into the vehicle, not whether you currently own it. If the vehicle was a lemon while you had it, the trade-in does not erase the claim. You do lose some categories of damages, but the core buyback math still works in most cases.
Contact a California Lemon Law Lawyer Today
If your vehicle has been in the shop repeatedly for the same defect, if the dealer keeps telling you they cannot duplicate the problem, or if the manufacturer has denied your buyback request, you are in the exact position Song-Beverly was written to protect. The statute is there. The civil penalties are there. What is missing is a firm willing to enforce all of it on your behalf.
At West Coast Auto Defect Lawyers, our California lemon law attorneys review cases statewide, from San Diego to San Francisco, from Sacramento to Bakersfield, and everywhere in between. Consultations are free and we do not charge you anything unless we win. The only thing you lose by calling is the time it takes to answer a few questions about your vehicle and your repair history.
Call our firm today (888)-893-4370 for a free California lemon law case review, or complete the online form to have an attorney contact you the same business day.