California lemon law statute of limitations (2026)

The plain-English guide to California lemon law time limits — the AB 1755 filing deadlines, the classic-track rule, and the presumption window, built from the statute text (leginfo.legislature.ca.gov) and the Department of Consumer Affairs' Arbitration Certification Program, not law-firm marketing. Last reviewed: October 2026. For the full requirements walkthrough, see our California lemon law requirements guide.

More than one clock: presumption vs. filing deadline

California separates the presumption window — the 18-month / 18,000-mile period in which the repair events must happen for the presumption to apply — from the filing deadline for bringing an action. A closed presumption window is not the same as a missed filing deadline, and neither date can be used in place of the other.

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. Which track your manufacturer is on changes the filing deadline — identify the track before you calculate any date. Deadlines are the highest-stakes facts in a lemon law case, so verify yours against the primary sources and our California lemon law requirements guide before you rely on any date, including ours.

The presumption window: 18 months / 18,000 miles

Under the Tanner Act (§ 1793.22(b)), the presumption arises when, within 18 months from delivery or 18,000 miles on the odometer, whichever comes first, any one of three things happened: the same nonconformity was repaired 4 or more times; that nonconformity was repaired 2 or more times and is likely to cause death or serious bodily injury if the vehicle is driven; or the vehicle was out of service for repairs for a cumulative total of more than 30 calendar days since delivery. The test-by-test wording is in the presumption tests section of our California requirements guide.

This is a rebuttable presumption — it shifts the burden of proof to the manufacturer. 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.

Filing deadlines: AB 1755 caps and the classic track

• Presumption window (all tracks): 18 months from delivery or 18,000 odometer miles, whichever first. Use the California lemon law deadline calculator to estimate 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.

Deadlines are tolled while arbitration is pending — but tolling is fact-specific, so keep dated records of any arbitration and confirm its effect before relying on it. Keep the dates, repair-order numbers and reported problems together in the free repair log.

How to compute your dates

Start with the presumption window: take delivery plus 18 calendar months and the date the odometer reached 18,000, and compare them — the earlier one ends the window. For a filing date, first identify your track. On the AB 1755 track, write down warranty expiration plus one year and original delivery plus six years; the earlier of those two is the unadjusted starting estimate. Keep any potentially applicable tolling periods in a separate record: CCP §871.21 identifies extensions including specified arbitration, time out of service for repairs, and a qualifying pre-suit notice period, and neither this page nor the calculator decides or fully applies those periods — ask a licensed attorney to verify their effect. On the classic track, do not convert delivery plus four years into an assumed filing date, because accrual there is fact-specific and the calculator directs you to a lawyer instead of choosing a date for you.

If the date appears missed

A closed presumption window is not the same as losing every claim, because a reasonable number of attempts may be proved another way. An apparently missed filing deadline is a different concern and calls for prompt legal advice — neither an automated letter nor a payment determines timeliness. Bring your warranty, repair, notice, and arbitration records to that conversation, keep a copy of your inputs and calculation, and revisit them if you obtain better records: missing information is not extra time.

Primary sources: Civil Code §1793.22 · Civil Code §1793.2 · Civil Code §1794 · CCP §871.21 · DCA procedures and manufacturer opt-in information

Estimate your presumption window with the California lemon law deadline calculator, then confirm your track and filing date before relying on either.

A worked example (fictional dates)

Inputs: delivery June 2, 2025, with 15 miles on the odometer; today the odometer reads 12,340; the express warranty expires June 2, 2028.

The arithmetic: the presumption window’s date prong ends 18 months after delivery — December 2, 2026 — and its mileage prong ends at 18,000 miles, which at the average pace since delivery arrives around January 2027 (an estimate, not a date on a document). On the AB 1755 track, a suit is due within one year after the warranty expires — June 2, 2029 — which is inside the outside cap of six years after delivery (June 2, 2031). For a manufacturer that has not opted in, the Act states no filing period of its own.

What the calculator doesn’t handle: it cannot check whether your manufacturer is actually on the Department of Consumer Affairs opt-in list (published each December 15) — you pick the track, and picking wrong changes the answer. It also does not model any procedural steps that may have to happen before a suit, or when you first knew about the defect.

Notice deadlines — in the full guide

California's three notice rules — the presumption notice to the manufacturer, the 30-day civil-penalty notice, and the AB 1755 pre-suit notice for opted-in manufacturers — each do a different job and run on different terms, so they are easy to mix up. They are set out rule by rule in the notice section of our California requirements guide. None of them replaces the filing deadlines above, and the AB 1755 pre-suit notice in particular must go out at least 30 days before suing for civil penalties, so work it into your timeline early.

Routes, remedies, and what happens next — in the full guide

California has no state agency that adjudicates lemon claims, so the route you take — DCA-certified arbitration, New Motor Vehicle Board mediation, or court — is covered in the routes section of our California requirements guide, including the catch that a qualified arbitration process you received timely written notice of must be tried before asserting the presumption in court. The same guide sets out the remedies: the buyer chooses between replacement and restitution, with the mileage-offset formula, a possible civil penalty of up to 2× actual damages for a willful failure to comply, and attorney's fees and costs for a prevailing buyer (§ 1794(d)). Whichever route you take, deadlines are tolled while arbitration is pending — one more reason to keep dated arbitration records.

What happens after you file

What happens next depends on your route. In certified arbitration, decisions typically arrive within ~40 days of claim acceptance and are binding on the manufacturer if you accept. In court, the presumption can be asserted in your action — including in small claims court. Either way, keep your warranty, repair, notice, and arbitration records together: if a filing date is ever disputed, those records are how the dates get evaluated.

If a date appears missed, get legal advice promptly. A closed presumption window is not the same as losing every claim, but an apparently missed filing deadline is a different concern — and neither an automated letter nor a payment determines timeliness.

When to talk to a lawyer instead

Some cases are not straightforward DIY cases — in particular where the defect is a serious safety hazard, the manufacturer has denied or disputes the claim, the vehicle was bought used, or you are on the classic track and unsure about the deadline. The lawyer section of our California requirements guide lists the situations in full. Because the statute gives prevailing buyers attorney's fees, 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