California Lemon Law

The Song-Beverly Consumer Warranty Act (Cal. Civ. Code 1790-1795.8) covers new and used motor vehicles sold or leased in California with a written manufacturer's express warranty, used primarily for personal, family, or household purposes. It also extends to vehicles purchased for business use by entities with five or fewer vehicles registered. The Tanner Act presumption (Cal. Civ. Code 1793.22) applies if the defect arises within 18 months from delivery or 18,000 miles, whichever comes first, but consumers may still pursue Song-Beverly remedies for defects discovered later, provided the defect arose during the express warranty period.

California uses a Tanner Act 'rebuttable presumption' under Cal. Civ. Code 1793.22(b): a reasonable number of repair attempts is presumed if, within 18 months from delivery or 18,000 miles (whichever is first), (1) the same nonconformity has been subject to repair four or more times and continues to exist, (2) the same nonconformity has been subject to repair two or more times and is likely to cause death or serious bodily injury, or (3) the vehicle has been out of service by reason of repair for a cumulative total of more than 30 calendar days. Outside these numbers, the consumer can still prove 'reasonable attempts' as a question of fact.

Yes, in many cases. Cal. Civ. Code 1795.5 extends Song-Beverly's repair-or-replace obligations to used motor vehicles sold by a distributor or retailer with a written warranty. The duration of the implied warranty for used vehicles is the same as the written warranty's duration but cannot exceed three months. The 'manufacturer' for Song-Beverly purposes becomes the distributor or retailer that issued the written warranty. Used vehicles still under the original manufacturer's express warranty are also covered against the manufacturer.

Yes. Cal. Civ. Code 1791(g) defines 'buyer' to include a lessee under a retail lease of consumer goods. Lemon law remedies for leases generally include termination of the lease, refund of all monthly payments and the capitalized cost reduction, payment of any official fees, and the manufacturer's payoff of the residual value to the lessor. The use offset still applies. Leased commercial trucks under 10,000 pounds GVWR may also qualify if the lessee has five or fewer vehicles registered in the state.

California's general statute of limitations for a Song-Beverly breach-of-warranty action is four years from the date of breach, under Cal. Com. Code 2725 and case law (Mexia v. Rinker Boat Co.). The clock typically runs from when the manufacturer fails to repair within a reasonable number of attempts, not from delivery. AB 1755 (signed 2024, effective 2025) added an outer-limit deadline for new claims: actions must be filed within one year after express warranty expiration and no later than six years from original delivery. Consult a lemon-law attorney quickly if your warranty has expired.

If the manufacturer cannot conform the vehicle to warranty after a reasonable number of repair attempts, Cal. Civ. Code 1793.2(d) requires the manufacturer to either replace the vehicle with a comparable new one or refund the full price (including taxes, license fees, registration, and finance charges), less a use offset of (price x miles before first repair) / 120,000. If the manufacturer's failure was willful, Cal. Civ. Code 1794(c) authorizes a civil penalty up to two times actual damages. The prevailing consumer also recovers attorneys' fees and costs under Cal. Civ. Code 1794(d).

Song-Beverly is far more consumer-friendly than the federal Magnuson-Moss Warranty Act (15 U.S.C. 2301-2312). Song-Beverly imposes statutory repair-or-replace duties, allows up to 2x civil penalties for willful violations, mandates fee-shifting to prevailing consumers, and applies to leases and used cars sold with written warranties. Magnuson-Moss is broader in geographic reach but provides only contract-style damages and discretionary fee awards. Most California lemon-law complaints plead both, since federal claims preserve venue options and add coverage for products outside Song-Beverly's scope.