Strategies for a strong lemon law case in California

Know the California rules

California’s lemon law is the Song-Beverly Consumer Warranty Act. It covers new vehicles with a warranty defect that substantially impairs their use, value or safety, when the manufacturer or its dealers can’t fix it after a reasonable number of attempts. The law presumes that number is reached when the same problem has been in for repair four times, or twice for a defect that could cause death or serious injury, or when the car has spent a cumulative 30 days out of service for warranty repair. If the manufacturer's warranty materials require it, you may also need to notify the manufacturer directly about the problem before the presumption applies.

Keep every repair order

Repair orders are the backbone of a lemon law claim. Ask for one every time, even when the dealer says it could not reproduce the problem. Before you leave, check that each order shows:

• the date and the mileage in and out;
• your complaint, described the way you described it;
• what the dealer did, or that it found nothing.

Describe the problem the same way every time

Use the same words for the same symptom at every visit (for example, “transmission jerks between 2nd and 3rd gear”). Different descriptions can make one recurring defect look like several unrelated issues.

Record the defect when it happens

Take a photo of any warning light, record a short video of the noise or behavior when it is safe to do so, and note the date, the conditions and what happened.

Keep a communication log

Write down every call with the dealer or the manufacturer’s customer line: the date, who you spoke to, what they said and any case number. Keep copies of emails and letters.

Get recall repairs done, and keep the paperwork

If your vehicle has an open recall, have it done and keep the repair order. If the recall repair does not fix the problem, that visit belongs in your repair history too.

Consider an independent inspection

An independent mechanic can look at the vehicle without a stake in the dealer’s warranty work. Ask for a written report that describes the defect and how it affects the car. A report like this can back up what your repair orders say.

Tell the manufacturer in writing

Phone calls are easy to forget. Put the problem in writing to the manufacturer: what is wrong, when it started and each repair visit so far. Send it in a way that gives you proof of delivery, such as certified mail, and keep a copy. Your warranty booklet says where notices go.

Follow up, and stay professional

If the manufacturer does not answer, follow up in writing and note each contact in your log. Calm, factual messages read better later than angry ones.

Ask before you start a dispute program

Some manufacturers offer their own dispute resolution or arbitration program, and the warranty materials say whether one applies to your vehicle. These programs are less formal than court, but the choice can affect your options, so talk to a lawyer before you start one.

If your case goes to court

Keep everything in one file: repair orders, the inspection report, photos and videos, and every letter and email. If you are asked to testify, be ready to describe the problem plainly, in your own words, the way it happened.

Don’t wait too long

How long you have depends on your vehicle’s manufacturer. For manufacturers that chose the newer procedures, a lawsuit must be filed within one year after the express warranty expires and no more than six years after the vehicle was first delivered, and a written notice to the manufacturer comes first if you seek civil penalties. Other claims generally follow California’s four-year limit for warranty actions. Have an attorney check your dates promptly. Evidence is also easier to gather while the history is recent.

Talk to a lawyer before you sell, trade in or sign

Selling or trading in the vehicle, or accepting a manufacturer’s offer, can affect your options. Get advice first. A free case review costs you nothing.

What happens in a free case review

Book an online case evaluation with one of our experienced attorneys. It is a scheduled appointment — set aside about an hour and a half — and it happens online or by phone, so you can take it from anywhere in California. You don't need to come into an office.

The attorney assesses the details of your lemon car situation: the warranty, the repair history and what the manufacturer has said so far. You then get a professional recommendation on how to proceed with your legal claim.

The review is free and there is no obligation. Book your evaluation online or call us on (619) 235-0137.