History Of Lemon Law

The Song-Beverly Consumer Warranty Act—the official name for California’s Lemon Law—has been the gold standard for consumer protection since 1970. However, the law you see today is vastly different from the one passed decades ago.

At Johnson & Buxton, we have a unique perspective on this history. Derek Johnson and Jonathan Buxton didn’t just study these changes; they witnessed the manufacturer-side strategies that led to them. Having served as former in-house defense counsel for major automakers, they know how the industry has evolved to fight these claims—and how the law has evolved to keep them accountable.

From 1970 to the Landmark 2024/2025 Shifts

For fifty years, the Song-Beverly Act provided a simple premise: if a manufacturer can’t fix a vehicle under warranty in a reasonable number of attempts, they must buy it back. But recent legal “earthquakes” have reshaped the landscape for California drivers:

• The Rodriguez v. FCA US Ruling (October 2024): In a massive shift, the California Supreme Court ruled that used cars sold with only a “remaining balance” of a factory warranty are no longer considered “new motor vehicles” for buyback purposes. This slammed the door on many used car claims.
  • The Insider Advantage: While other firms may now turn these cases away, our defense background allows us to pivot to the Federal Magnuson-Moss Warranty Act to secure cash settlements for used car owners that the state law no longer covers.
• Assembly Bill 1755 & Senate Bill 26 (The 2025 Reforms): Effective July 1, 2025, California introduced a “streamlined” track for Lemon Law cases. Manufacturers like GM and Ford can now “opt-in” to a system that requires consumers to provide a formal 30-day notice and attend mandatory mediation.
  • The Trap: If you don’t follow the new AB 1755 procedures, you could lose your right to “civil penalties”—the double-damages that hold manufacturers’ feet to the fire.

Federal Protection: The Magnuson-Moss Warranty Act

While California’s law is powerful, it isn’t the only tool in our belt. The Magnuson-Moss Warranty Act, enacted by Congress in 1975, protects consumer product warranties nationwide.

• Why it matters now: With the Rodriguez ruling limiting state-level buybacks for used cars, “Mag-Moss” has become the primary weapon for securing compensation for owners of defective second-hand vehicles.

The “Reasonable Attempt” Legacy

Despite the new procedural hurdles, the core “reasonableness” standard remains a cornerstone of the law’s history. A manufacturer is typically given a reasonable opportunity to fix the defect, which is often satisfied by:

• Two or more attempts for serious safety defects.
• More than 30 days out of service in total.

“I can not speak highly enough of the work done by Jonathan Buxton… he provided fast replies, diligent follow-through, and full disclosure of information. The settlement was higher than expected.” — Mike McHugh, Client Review

Why Experience is Now Mandatory

In the “old days” of Lemon Law, the process was straightforward. Today, with dual-track litigation, mandatory 30-day notices, and narrowed used car eligibility, you need more than just a lawyer—you need a strategist who knows the opposition’s playbook.

Consult with a Former Manufacturer Defense Attorney — Free Case Review

The laws have changed. Make sure your representation has, too.

Protect Your Rights Today

If you have a lemon on your hands, bringing a lawsuit under California’s lemon law is often the best way to protect your rights. In the hands of experienced attorneys like Derek Johnson and Jonathan Buxton, there will be no cost to you and minimal hassle. In fact, our clients are often surprised at how easy the process can be. Let our experience put your mind at ease.

Schedule a free initial consultation with one of our lawyers today by calling 866-761-2317. You may also contact our attorneys online. From our law office in Ventura, we handle cases in the Los Angeles area and throughout California.