California lemon law requirements (2026)

The plain-English walkthrough — built from the statute text (leginfo.legislature.ca.gov) and the Department of Consumer Affairs' Arbitration Certification Program, not law-firm marketing. Last reviewed September 30, 2026.

What vehicles are covered

California's lemon law — the Song-Beverly Consumer Warranty Act (Cal. Civil Code §§ 1790–1795.7) plus the Tanner Consumer Protection Act (§ 1793.22) — covers new motor vehicles bought or used primarily for personal, family, or household purposes, plus business-use vehicles under 10,000 lbs GVWR where the buyer has 5 or fewer vehicles registered in California. It includes the chassis and cab of motor homes (not the living quarters) and dealer demonstrators sold with the manufacturer's new-car warranty. Motorcycles and off-highway vehicles are excluded. Lessees count as buyers.

Used vehicles — caution: in Rodriguez v. FCA (2024), the California Supreme Court held that a used vehicle bought with an unexpired new-car warranty is generally not a "new motor vehicle" under the lemon law presumption unless that warranty was issued with the sale. Used goods sold with an express warranty still get some Song-Beverly protection, but under different rules — used-car cases are lawyer cases, not DIY cases.

EVs are covered like any new motor vehicle. Whether a battery problem — especially gradual degradation — counts as a nonconformity is fact-specific, and there's no bright-line rule we can give you, so battery cases belong with a lemon law attorney.

The defect must substantially impair the use, value, or safety of the vehicle to you.

The three presumption tests

Under the Tanner Act (§ 1793.22(b)), a "reasonable number of repair attempts" is presumed if, within 18 months from delivery or 18,000 miles on the odometer, whichever comes first, any one of these happens:

1. Four-times test

The same nonconformity was subject to repair 4 or more times.

2. Two-times test (death or serious injury)

The same nonconformity is likely to cause death or serious bodily injury if the vehicle is driven, and was subject to repair 2 or more times.

3. 30-day test

The vehicle was out of service for repairs for a cumulative total of more than 30 calendar days since delivery.

This is a rebuttable presumption — it shifts the burden of proof to the manufacturer, and you can assert it in any civil action (including small claims court) or formal/informal proceeding. Failing the presumption does not kill your claim — you can still try to prove a reasonable number of attempts another way, usually with a lawyer.

The three notice requirements — don't mix them up

California has three different notice rules, and they do different things:

1. Presumption notice: for the 2-attempt and 4-attempt prongs, you must have directly notified the manufacturer (not just the dealer) at least once of the need for repair — but only if the manufacturer "clearly and conspicuously disclosed" that requirement, with the address, in the warranty or owner's manual.
2. Civil-penalty notice: after the presumption events occur, you may serve written notice requesting compliance. Serve it and the manufacturer has 30 days to comply — miss the notice and there's no civil penalty under § 1794(e).
3. AB 1755 pre-suit notice (opted-in manufacturers only): at least 30 days before suing for civil penalties, notify the manufacturer with your name, accurate VIN, a brief summary of repair history and problems, and a demand to repurchase or replace. You must have possession of the vehicle when you send it.

Your three routes: arbitration, mediation, court

Unlike Texas or Florida, California has no state agency that adjudicates lemon claims. Your options:

Route A — Free state-certified arbitration (a common first step)

The Department of Consumer Affairs certifies manufacturer arbitration programs — BBB Auto Line, the California Dispute Settlement Program (CDSP), and CAP-Motors — each covering specific makes. Check the DCA list for a program covering your vehicle. Decisions typically arrive within ~40 days of claim acceptance and are binding on the manufacturer if you accept. Free to you.

One catch: if a qualified arbitration process exists and you got timely written notice of it, you must try it before asserting the presumption in court. (Deadlines are tolled while arbitration is pending.)

Route B — New Motor Vehicle Board mediation

Informal mediation through the NMVB: (916) 445-1888, nmvb.ca.gov.

Route C — Court

Small-claims court or Superior Court — the presumption can be asserted even in small claims — or federal court under the Magnuson-Moss Warranty Act. Prevailing buyers recover attorney's fees (§ 1794(d)) — one reason many California lemon-law attorneys work on contingency.

Deadlines: the 18/18 window and AB 1755 caps

California's 2024–2025 overhaul (AB 1755, effective 1/1/2025, and SB 26, effective 4/2/2025) created a three-track system: (1) AB 1755 procedures for manufacturers that opt in (DCA publishes the list each December 15), (2) classic Song-Beverly for everyone else, and (3) DCA-certified arbitration.

• Presumption window (all tracks): 18 months from delivery or 18,000 odometer miles, whichever first. Calculate yours →
• AB 1755 track: file within 1 year after your express warranty expires, hard-capped at 6 years from delivery — whichever comes first.
• Classic track: the Act states no limitations period of its own; courts generally apply a 4-year written-contract period with fact-specific accrual. Do not guess this date — it's attorney territory.

Remedies: replacement or refund — your choice

• The buyer chooses. You may elect restitution; the manufacturer can never force a replacement vehicle on you.
• Replacement: a substantially identical new vehicle with all normal new-car warranties, plus sales/use tax, license, registration, official fees, and incidental damages.
• Restitution (refund): actual price paid/payable (including transportation and manufacturer-installed options) + collateral charges (tax, license, registration, official fees) + incidental damages actually incurred (repair, towing, rental).
• Mileage offset: price × (miles traveled before you first delivered the vehicle for correction of the nonconformity ÷ 120,000).
• Civil penalty up to 2× actual damages if the manufacturer's failure to comply was willful.
• Attorney's fees and costs to a prevailing buyer (§ 1794(d)).

When to talk to a lawyer instead

LemonLawPath is for straightforward, DIY-able cases. Talk to a licensed lemon law attorney if any of these apply:

• Your defect is a serious safety hazard;
• The manufacturer denied your claim or disputes the defect;
• Your vehicle was bought used;
• You're on the classic track and unsure about the deadline;
• Anything about your case feels ambiguous.

The statute gives prevailing buyers attorney's fees, and many California lemon law attorneys work on contingency — ask how any attorney you contact charges before you hire them.

Sources: Cal. Civ. Code § 1793.22 (Tanner Act) · Cal. Civ. Code § 1793.2 · Cal. Civ. Code § 1794 · CCP § 871.21 (AB 1755 deadlines) · DCA Arbitration Certification Program