Determining if you have a “Lemon” in California has become significantly more complex following the passage of AB 1755 and the Supreme Court’s ruling in Rodriguez v. FCA. At Johnson & Buxton, we use our “defense-side” experience to ensure you don’t fall into the new procedural traps set by manufacturers.
1. The “Delivery Date” Clock (Statute of Limitations)
Under the new rules of AB 1755, the timeline to file has tightened. You must generally file your claim:
- Within one year of your express warranty expiring.
- AND no later than six years from the date the vehicle was first delivered to its original owner.
- Note: If you bought a used car, your 6-year clock started when the first owner took delivery, not you. Do not wait to call us.
2. The Used Car “Rodriguez” Hurdle
A 2024 Supreme Court ruling (Rodriguez v. FCA) changed the game for used car owners.
- CPO Vehicles: If you bought a Certified Pre-Owned vehicle from a retailer, you are still likely protected under the Song-Beverly Act.
- Non-CPO Used Cars: If you bought a used car that simply had “factory warranty remaining,” you may no longer qualify for a standard California buyback.
- The Insider Advantage: While other firms might turn you away, we utilize the Federal Magnuson-Moss Warranty Act and the Consumers Legal Remedies Act (CLRA) to pursue cash settlements and “diminution of value” for used car owners.
3. The Mandatory “30-Day Notice” (SB 26)
Many major manufacturers (like GM, Ford, and Chrysler) have opted into a new “streamlined” process.
- The Trap: If your manufacturer opted in, you must send a formal written notice (including your VIN and repair history) at least 30 days before filing a lawsuit. If you don’t, you may forfeit your right to double civil penalties.
- Our Role: We handle this notice for you, ensuring it is legally airtight so the manufacturer can’t use a technicality to dodge the penalties they owe you.
“I can not speak highly enough of the work done by Jonathan Buxton… Over the course of a year, he provided fast replies, diligent follow-through, and full disclosure of information. The settlement was higher than expected.” — Mike McHugh, Client Review
4. The “Reasonable Attempts” Requirement
Despite the new procedural changes, the core “Lemon” definition remains. Your vehicle generally qualifies if:
- Safety Defects: You’ve had 2 or more attempts to fix a life-threatening issue (brakes, steering, engine stall).
- Standard Defects: You’ve had 4 or more attempts for non-safety issues.
- The “30-Day” Rule: Your vehicle has been out of service for a cumulative 30 days or more.
The rules changed, but our winning strategy hasn’t. See If Your Vehicle Qualifies – Free Case Review
Does this look like the right direction for the “Expert” tone you’re looking for? If so, I’ll move on to the “Remedies & Restitution” tab next.
