California has the most-litigated lemon law in the country, and over the past two years it has been rebuilt
in three separate moves. Taken together they change who is covered, how long you have, and what you must do
before you can file. Here is the actual state of it.
1. AB 1755 (2024) restructured the process
Assembly Bill 1755 (Kalra) was signed September 29, 2024 as Chapter 938, Statutes of 2024. It added a new
Chapter 12 — Code of Civil Procedure sections 871.20 through 871.28. The notable parts:
- A hard deadline where there wasn't a clear one. An action must be commenced within
one year after the applicable express warranty expires, and may not be brought later than
six years after the vehicle's original delivery date. The clock tolls during third-party
dispute resolution, while the vehicle is out of service for repair, and for 60 days after pre-suit notice.
- Mandatory pre-suit notice. You must demand repurchase or replacement in writing at least
30 days before filing, including the VIN and the repair history.
- A safe harbor for manufacturers. If the manufacturer offers restitution within 30 days and
completes it within 60, you cannot pursue civil penalties.
- Structured litigation. Mandatory disclosures, initial depositions capped at two hours,
mediation within 150 days, and sanctions of $1,500 to $2,500 for attorneys who don't comply.
- Bilingual notice. Manufacturers must publish lemon law contact information in English and
Spanish on their website, in the owner's manual and in the warranty booklet.
The coalitions are worth noting because they are not what you would guess: the bill was co-sponsored by
Consumer Attorneys of California and General Motors, supported by Ford and Stellantis, and opposed by
Toyota, Honda, Tesla — and by consumer groups including Consumers for Auto Reliability and Safety and
CALPIRG.
2. SB 26 (2025) made the whole thing opt-in
Senate Bill 26 was signed April 2, 2025 as Chapter 1, Statutes of 2025, effective immediately under an
urgency clause. Its headline effect: the AB 1755 regime became elective for manufacturers. A
manufacturer opts in, and the election is irrevocable for five calendar years. The Department of Consumer
Affairs' Arbitration Certification Program publishes the list of electing manufacturers, updated within two
business days of an election, with an annual list published by December 15.
The practical consequence
Two Californians with identical defects and identical repair histories can now face different deadlines and
different pre-suit requirements, because they bought different brands.
Before you do anything else, check whether your manufacturer has opted in — the list is
on the DCA site, linked below.
3. Rodriguez v. FCA — the part nobody covered
On October 31, 2024 the California Supreme Court decided Rodriguez v. FCA US LLC (No. S274625). It
held that a used vehicle sold with the balance of an unexpired manufacturer's warranty is not a "new
motor vehicle" under the Song-Beverly Act's refund-or-replace remedy. The phrase means a vehicle for
which a manufacturer's new car warranty is issued with the sale.
That single holding removed lemon law buyback rights from most used-car buyers in California, including many
who bought certified pre-owned. Stack the new statute of limitations on top and the arithmetic gets worse: buy a
three-year-old car with two years of factory warranty left and you have, at most, one year after that warranty
expires — inside a hard cap measured from the original owner's delivery date, not yours.
Watch out for stale advice on this
A good deal of published guidance, including some well-regarded advocacy sites, still says California covers
used vehicles under a factory warranty. That was true before Rodriguez. If a page does not mention
the case, assume it predates it.
What still applies
None of the above touches the federal Magnuson-Moss Warranty Act, which applies nationwide,
governs written warranties, restricts implied-warranty disclaimers, and allows recovery of attorney's fees. It
is the fallback where a state lemon law does not reach — which, in California, now includes most used
vehicles.
Not legal advice
This is reporting on what the statutes and the case say. Whether any of it helps your vehicle depends
on facts we don't have. The state-run arbitration program is free, and the DCA links below are the right first
stop.
Sources
Verified against primary sources at time of publication. Always confirm your own vehicle by VIN at nhtsa.gov/recalls.