California Lemon Law FAQs

Historically, yes. However, under the 2024 California Supreme Court ruling in Rodriguez v. FCA US, LLC, used cars sold with only a “remaining balance” of a warranty are no longer considered “new motor vehicles” for buyback purposes. To qualify for a full repurchase today, the vehicle typically must be a Certified Pre-Owned (CPO) unit or have been issued a new warranty at the time of your purchase. If you don’t qualify under state law, we often pivot to the Federal Magnuson-Moss Warranty Act to seek cash compensation.

Effective April 1, 2025, per Assembly Bill 1755 and SB 26, if your vehicle’s manufacturer has “opted-in” to the new track, you must send a formal written notice at least 30 days before filing a lawsuit if you want to seek civil penalties. This notice must include your VIN, repair history, and a specific demand for repurchase. Skipping this step can cost you tens of thousands of dollars in potential “double damages.”

Yes. AB 1755 introduced a “Statute of Repose.” You must file your claim within one year of your warranty expiring, but absolutely no later than six years from the date the vehicle was first delivered to its original owner. This applies even if you are the second owner—the clock started with the very first person who drove it off the lot.

As of mid-2025, major manufacturers like Ford, Stellantis (FCA/Chrysler), and Airstream have officially opted into the AB 1755 procedures. This means claims against these brands follow a “dual-track” process involving mandatory mediation and streamlined discovery. The California Department of Consumer Affairs maintains the official list, which we monitor daily for our clients.

While the law is fact-specific, the “Lemon Law Presumption” (Civil Code § 1793.22) generally applies if, within 18 months or 18,000 miles:
The same defect has been subject to 2 or more repairs for a life-threatening issue.
The same defect has been subject to 4 or more repairs for standard issues.
The vehicle has been out of service for more than 30 days total.

Likely, yes. Under the Song-Beverly Act, if a vehicle is out of service for more than 30 cumulative days for warranty repairs (even if they are waiting on a backordered part), it can be presumed a lemon. Manufacturers often blame “supply chain issues,” but the law does not excuse them from their duty to provide a functional vehicle.

Yes. You can file a claim for a vehicle you no longer own, provided the repair attempts occurred while you owned/leased it and the statute of limitations (the new 6-year/1-year rule from AB 1755) has not expired.

Yes, provided the vehicle’s gross vehicle weight is under 10,000 pounds and your business has no more than five vehicles registered in its name in California (Civil Code § 1793.22).

Historically, yes. However, under the 2024 California Supreme Court ruling in Rodriguez v. FCA US, LLC, used cars sold with only a “remaining balance” of a warranty are no longer considered “new motor vehicles” for buyback purposes. To qualify for a full repurchase today, the vehicle typically must be a Certified Pre-Owned (CPO) unit or have been issued a new warranty at the time of your purchase. If you don’t qualify under state law, we often pivot to the Federal Magnuson-Moss Warranty Act to seek cash compensation.

The manufacturer is allowed to deduct a portion of the refund based on how much you used the car before the first repair attempt. The formula is: (Mileage at 1st Repair / 120,000) x Purchase Price. Because we are former defense counsel, we fight to ensure the “1st repair” date used is the earliest possible instance to keep your deduction low.

Under Civil Code § 1794, if a manufacturer “willfully” violates the Lemon Law, you can be awarded a penalty of up to two times your actual damages. In 2025, the key to securing these is strictly following the SB 26 notice requirements to prove the manufacturer had a fair chance to settle but refused.

Yes. The Song-Beverly Act covers all “consumer goods.” For RVs, the law covers the chassis and drivetrain (propulsion) parts. Living quarters are often handled under different warranty provisions or the Magnuson-Moss Act.

For opted-in manufacturers, you must attend mediation within 150 days of the manufacturer filing their response to your lawsuit. This is a high-stakes settlement meeting. Having attorneys who used to sit on the other side of these mediations gives our clients a massive tactical advantage.

No. California’s “Fee-Shifting” provision requires the manufacturer to pay all reasonable attorney fees and costs if you win (Civil Code § 1794(d)). At Johnson & Buxton, we guarantee that you owe us nothing if we don’t recover money for you.

Typically, the Song-Beverly Act requires the vehicle to be purchased or leased at retail in California. However, we frequently handle out-of-state purchases using the Federal Magnuson-Moss Warranty Act, which protects consumers nationwide.

The new 2025 law created a standardized form for Lemon Law settlements to prevent manufacturers from sneaking “unfair” terms into your payout. We review every release to ensure the manufacturer complies with the 60-day payment deadline mandated by the new law.

The law covers any defect that “substantially impairs the use, value, or safety” of the vehicle. A non-functional screen or navigation system significantly impacts the value and use of a modern car, making it a valid Lemon Law claim.

A “Cash and Keep” (or “Cash on the Hood”) settlement allows you to keep the car and receive a check for its diminished value. This is often a great option for owners affected by the Rodriguez ruling on used cars. We help you negotiate the highest possible cash amount based on our knowledge of manufacturer settlement caps.

It is highly unlikely. Because of our reputation and background as former defense counsel, over 95% of our cases are settled before a trial is ever necessary. Manufacturers know we are prepared to go the distance, which often brings them to the table sooner.

It is designed to be. The new law requires “early document exchange” and “expedited depositions” within the first six months. However, the added notice and mediation requirements mean you need a firm that is hyper-organized to meet these new, tighter deadlines.

Lemon Law is a specialized “insider” game. Manufacturers have a playbook of delays and technicalities. Derek Johnson and Jonathan Buxton used to write that playbook. By hiring us, you are getting the “Opposition’s Strategy” working for you instead of against you.