California Lemon Law Attorneys

The Song-Beverly Consumer Warranty Act (Civ. Code § 1790 et seq.) requires a manufacturer that cannot repair a vehicle to conform to its written warranty after a reasonable number of attempts to promptly repurchase or replace it. The Tanner Consumer Protection Act (§ 1793.22) adds a presumption that makes qualifying claims easier to prove.

You may qualify if your new vehicle (or a dealer-owned or demonstrator vehicle sold with a new-car warranty) has a warranty defect that substantially impairs its use, value, or safety and the manufacturer or its dealers could not repair it within a reasonable number of attempts.

Under the Tanner presumption (Civ. Code § 1793.22(b)), a reasonable number of attempts is presumed within the first 18 months or 18,000 miles if a defect likely to cause death or serious bodily injury was repaired 2 or more times, the same defect was repaired 4 or more times, or the vehicle was out of service for repairs more than 30 calendar days in total. For the first two tests, you must also have notified the manufacturer directly at least once if its warranty or owner’s manual clearly requires it. Claims can still succeed outside the presumption window.

Usually not for a buyback. In Rodriguez v. FCA US (Oct. 31, 2024), the California Supreme Court held that a used car sold with only the unexpired balance of the original new-car warranty is not a “new motor vehicle” under Song-Beverly. Dealer-owned vehicles and demonstrators sold with a new-car warranty are still covered. Other used-car buyers may have warranty claims under the California Commercial Code or the federal Magnuson-Moss Warranty Act.

A repurchase — refund of the price paid, including down payment, monthly payments, and collateral charges, less a statutory mileage offset — or a new, substantially identical replacement vehicle; you can choose the refund. If the manufacturer willfully violated the law, a civil penalty of up to two times actual damages may be added.

Song-Beverly claims are generally subject to a four-year statute of limitations. If your manufacturer has opted into California’s newer lemon law procedures (Code Civ. Proc. §§ 871.20–871.30), suit must be filed within one year after the express warranty expires and no later than six years after original delivery, with time added while the vehicle is out of service for repairs. Evidence and leverage are strongest while the vehicle is under warranty, so get advice as soon as the repair pattern emerges.

No attorney’s fees unless we recover^§; clients may be responsible for certain costs. Civ. Code § 1794(d) lets a prevailing consumer recover reasonable attorney’s fees and costs from the manufacturer.

No. If the manufacturer maintains a state-certified dispute program you may need to use it before invoking the Tanner presumption, but you are never required to accept its result and may pursue your Song-Beverly claim in court.

It depends on the manufacturer. If it has opted into California’s newer lemon law procedures, you must send written notice at least 30 days before filing a suit that seeks civil penalties: your name, the VIN, a summary of the repair history and a demand to repurchase or replace the vehicle, sent by email to the manufacturer’s listed address or by certified or registered mail while you still have the vehicle. If the manufacturer offers a repurchase or replacement within 30 days and completes it within 60 days, civil penalties are not available. Separately, the Tanner presumption may require one direct notice to the manufacturer.

In a refund, the manufacturer may deduct an amount for your use of the vehicle: the price paid or payable (including transportation charges and manufacturer-installed options) multiplied by the miles driven before you first took the vehicle in for the defect, divided by 120,000 (Civ. Code § 1793.2(d)(2)(C)). Example: ,000 × 9,000 ÷ 120,000 = ,375.