California Lemon Law (CA)

Qualifying Criteria in California

Under California's lemon law, your vehicle may qualify as a lemon if it meets the following criteria:

• Vehicle type: New and certain used motor vehicles purchased or leased in California
• Defect type: A nonconformity that substantially impairs the use, market value, or safety of the vehicle and is covered under the manufacturer's warranty
• Coverage period: The defect must occur within 18 months of delivery or 18,000 miles, whichever comes first
• Repair attempts: The manufacturer or authorized dealer must have attempted to repair the same defect at least 2 times, or the vehicle must have been out of service for a cumulative total of 30 or more days

Manufacturer Obligations

Must repair, replace, or repurchase a new vehicle that has a defect the manufacturer or dealer cannot fix after a reasonable number of attempts. Manufacturer pays for attorney fees if consumer prevails.

Available Remedies

If your vehicle qualifies as a lemon under California law, you are entitled to:

• Replacement vehicle
• Full refund minus reasonable use allowance
• Attorney fees and costs if consumer prevails
• Civil penalty up to 2x damages for willful violations

The "reasonable use allowance" deduction is typically calculated based on the mileage you accumulated before the first repair attempt, proportional to the vehicle's expected lifetime mileage. This ensures the manufacturer is not paying for use you already received from the vehicle.

Step-by-Step Filing Process in California

Follow these steps if you believe your vehicle qualifies as a lemon under California law:

1. 1 Deliver the vehicle to the manufacturer's authorized dealer for repair
2. 2 If the same defect persists after 2+ attempts (or 1 attempt for a safety defect that could cause death or serious injury), or the vehicle has been out of service 30+ days, notify the manufacturer directly
3. 3 Optionally use the manufacturer's arbitration program or the CA DRP
4. 4 File a lawsuit under the Song-Beverly Act (manufacturer pays attorney fees if you win)

Arbitration in California

Arbitration is voluntary. Consumer may go directly to court, but using the manufacturer's arbitration program (if certified by the state) can be beneficial. California also runs the Dispute Resolution Program (DRP) through the Department of Consumer Affairs.

Filing Deadline

Within 18 months of delivery or 18,000 miles, whichever comes first. However, coverage can extend to the full warranty period for defects first reported during the lemon law period.

Missing the filing deadline can forfeit your rights under the lemon law. Keep detailed records of every repair visit, including dates, mileage, descriptions of the problem, and copies of all repair orders and receipts. This documentation will be critical for your claim.

Additional Notes

California has one of the strongest lemon laws in the nation. It covers new AND used vehicles (used vehicles covered under the implied warranty of merchantability). The Song-Beverly Act also covers leased vehicles. For safety defects that could cause death or serious bodily injury, only 1 repair attempt is required. Civil penalties up to 2x the amount of damages are available if the manufacturer willfully violates the law.