How to Start a Lemon Law Claim in California [In-Depth Guide]

Purchasing a new vehicle should be an exciting experience, not a source of endless frustration and unforeseen costs. But for some drivers, that shiny new car ends up being a total ‘lemon’—a ride that keeps breaking down, messing with its safety, value, or just plain usefulness.

Is this your situation? If so, California’s Lemon Law has your back, giving you strong tools to fight for what’s fair.

At West Coast Trial Lawyers,  we’ve helped tons of clients tackle tricky Lemon Law claims with ease. This guide breaks down the process, giving you a simple plan to stand up for your rights and get the compensation you’re owed

What Constitutes a “Lemon” In California?

Under California’s Song-Beverly Consumer Warranty Act, a vehicle is considered a “lemon” if:

• It has a substantial defect covered by the warranty.
• The manufacturer or its agents have made a reasonable number of attempts to repair the defect.
• The defect persists, significantly impairing the vehicle’s use, value, or safety.

Importantly, the law applies to both new vehicles, certified pre-owned vehicles under the manufacturer’s certified pre-owned warranty, as well as leased cars, provided they are still under the manufacturer’s original warranty.

Vehicles Covered

California’s Lemon Law covers:

• New vehicles purchased or leased in California.
• Used vehicles still under the Certified Pre-Owned warranty.
• Dealer-owned vehicles and demonstrators.
• Motorcycles and motorhomes (with certain limitations).

For an overall overview, refer to the California Department of Consumer Affairs’ Lemon Law Guide.

How Common are Lemon Vehicles?

Lemon vehicles—cars with stubborn defects—are more common than you’d hope. From 2018 to 2021, Californians filed 34,397 Lemon Law lawsuits, a tiny fraction of ~7 million new vehicles registered, but thousands deal with faulty cars yearly. General Motors topped the list with 9,892 claims (one per 78 vehicles), while Toyota had just 753 (one per 2,029). Filings jumped to 22,000 in 2023, showing lemons are still a big issue. See CALPIRG’s Auto Lemon Index for more info. 

Steps to Initiate a Lemon Law Claim

1. Document Everything

Meticulous record-keeping is crucial. Maintain:

• Repair orders and invoices.
• Communication logs with the dealer or manufacturer.
• Receipts for related expenses (e.g., towing, rental cars).

These documents serve as evidence of the defect and the manufacturer’s attempts to repair it.

2. Notify the Manufacturer

Before filing a claim, inform the manufacturer in writing about the persistent defect. This step provides them an opportunity to address the issue and demonstrates your good faith effort to resolve the problem.

3. Consult with a Lemon Law Attorney

Dealing with a Lemon Law claim can feel confusing. A skilled attorney can help you:

• Assess the strength of your case.
• Handle communications with the manufacturer.
• Guarantee compliance with all legal requirements.

At WCTL, we offer free consultations and should we win your case, the manufacturer pays for our attorney fees and you don’t have to pay us anything!

What to Expect During the Claim Process

Investigation and Negotiation

Once your claim is filed, the manufacturer will investigate. They may:

• Request additional documentation.
• Offer a settlement.
• Deny the claim.

Your attorney will negotiate on your behalf, aiming for a fair resolution.

Success Rates and Possible Settlements

Our ethical and effective approach ensures that 99% of our cases resolve through settlements before trial, saving you time and stress. This is largely because manufacturers are motivated to settle to avoid costly trials, where they’re responsible for your attorney fees and costs if you prevail. Our managing attorney’s expertise and direct communication with clients mean you’re always informed about your case’s progress and potential outcomes. 

Settlement Amounts and Types: Lemon Law settlements in California vary widely, typically ranging from $5,000 to over $100,000, depending on factors like the vehicle’s purchase price, mileage, defect severity, repair attempts, and incidental costs (e.g., towing or rental fees). At WCTL, we pursue three main remedies to make you whole:

• Repurchase (Buyback): You return the vehicle, and the manufacturer refunds your down payment, monthly payments, repair costs, and loan payoff, minus a mileage offset for usage before the defect appeared.
• Replacement: The manufacturer provides a comparable vehicle, though this is less common due to inventory constraints.
• Cash-and-Keep: You keep the vehicle and receive a cash settlement to compensate for its diminished value, often ideal for leveraging your car’s equity in today’s market

Recent Changes to California’s Lemon Law

In 2025, California implemented changes to its Lemon Law, including:

• Reduced timeframes for filing claims.
• Altered arbitration procedures.

There’ve been significant updates in 2025 through Assembly Bill 1755 (AB 1755) and Senate Bill 26 (SB 26), effective January 1 and April 1, respectively. These reforms, aimed at streamlining the process, introduce stricter deadlines and new procedures that impact consumers seeking refunds or replacements for defective vehicles. 

AB 1755 shortens the filing window to one year after the warranty expires, with a six-year absolute cutoff from vehicle delivery, and requires a written notice to manufacturers before pursuing civil penalties, effective April 1, 2025.

Meanwhile, SB 26 allows manufacturers to opt into AB 1755’s procedures or use traditional rules, creating a two-track system, and enhances arbitration options for faster resolutions. A 2024 California Supreme Court ruling also limited Lemon Law protections for used vehicles, affecting buyers even under original warranties.

Why Choose West Coast Trial Lawyers

At West Coast Trial Lawyers, our dedicated team of lemon attorneys has years of experience representing clients from all walks of life and understand the frustration of dealing with a defective vehicle. As a result of their compassion and dedication, they have recovered over $1.7 billion in financial compensation to their clients and are here to guide you every step of the way.

Dealing with a lemon vehicle is more than an inconvenience—it’s a breach of trust. California’s Lemon Law exists to protect consumers like you. If you’re facing persistent vehicle issues, don’t go-about this journey alone. Call us for a FREE case review at (213) 927-3700 or reach out via this convenient online contact form.

Frequently Asked Questions About Lemon Law

Does the Lemon Law Apply to Used Vehicles?

Yes, if the used vehicle is still under the certified pre-owned warranty, it may qualify under the Lemon Law.

What if the Manufacturer Refuses to Comply?

If the manufacturer denies your claim, your attorney can escalate the matter to arbitration or litigation, depending on the circumstances.

Are Leased Vehicles Covered?

Absolutely. Leased vehicles are covered under California’s Lemon Law, provided they meet the necessary criteria.

How Much Does It Cost to Hire a Lemon Law Attorney?

At West Coast Trial Lawyers, we work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.