State lemon law · checked October 23, 2026

California lemon law

Verified against the statute / official state publicationCal. Civ. Code §§1793.22, 1794 (Song-Beverly); Code Civ. Proc. §§871.20–.30 (AB 1755, as amended by SB 26)

The short version

Presumption: 18 months / 18,000 miles — 4 attempts at the same defect, 2 attempts at a life-threatening safety defect (with direct notice to the manufacturer at least once), or more than 30 total days in the shop.
Since January 1, 2025, your deadline and notice rules depend on whether your manufacturer opted in to the AB 1755 fast track. The checker decides the track from the official DCA roster.
The buyback deduction uses miles before the first repair visit — not your current odometer.

Run your repair log for California

The presumption — California's numbers

Presumption window	The presumption window is the first 18 months or 18,000 miles after delivery, whichever comes first.
Same defect	4+ repair attempts
Safety defect	2+ attempt(s) — A defect likely to cause death or serious bodily injury: 2 or more attempts, and the buyer must have directly notified the manufacturer at least once.
Days out of service	30+ calendar days

The presumption is the set of numbers that shifts the burden to the manufacturer. A claim can exist outside the presumption — it is a shortcut, not the whole road. Read why.

The buyback — California's formula

Deduction = purchase price × miles driven before the vehicle was first delivered for correction of the defect ÷ 120,000 (Civ. Code §1793.2(d)(2) formula).

Notice and procedure

For the standard track there is no single notice gate, but written notice to the manufacturer starts the paper trail. On the AB 1755 fast track, the §871.24 notice is what preserves your civil-penalty claim — see the California track section.

Dispute route: Many manufacturers run arbitration programs certified by the California Arbitration Certification Program (DCA). Where the manufacturer runs a certified program, you generally must use it before suing under Song-Beverly.

Attorney's fees: A prevailing buyer recovers attorney's fees (§1794(d)). Civil penalties up to 2× actual damages are possible on the fast track only if the §871.24 notice was sent.

Your deadline

Fast track (opted-in manufacturer): suit within 1 year after the express warranty expires, and never later than 6 years after original delivery — the earlier date controls (Code Civ. Proc. §871.21), tolled for time out of service and part of the post-notice period. Standard track: no single printed deadline — the clock is discovery-based and fact-specific, so the checker will not invent one.

Who and what is covered

New vehicles	Covered
Leased vehicles	Covered
Used vehicles	Covered in defined situations — see notes
Motorcycles	Covered
RV / motor home	Covered — whole vehicle

Used cars: under Rodriguez v. FCA (2024) 17 Cal.5th 189, a used car bought on the prior owner's leftover warranty does NOT get the §1793.2(d)(2) refund-or-replacement remedy unless a new-car warranty was issued with that sale. Other Song-Beverly and federal Magnuson-Moss routes survive.
Dealer demonstrators and dealer-owned cars sold as new count as new.
Private-party purchases are outside the refund/replace remedy.

Included in the $39 Lemon Verdict Pack

Your repair-log tracker, the California notice letter, the buyback worksheet on California's formula, and your deadline calendar.

See the Lemon Verdict Pack

Sources

Cal. Civ. Code §1793.22(b)
Cal. Civ. Code §1793.2(d)(2)
Cal. Code Civ. Proc. §§871.21, 871.24, 871.27
CA Dept. of Consumer Affairs, Arbitration Certification Program
Rodriguez v. FCA US LLC (2024) 17 Cal.5th 189

Checked October 23, 2026. Laws change; if your claim is close to a line, verify the current statute or ask a lawyer in California. This page is information, not legal advice.