California lemon law: statute text and status

8 of 8 cells · Verified against the primary source on September 2, 2026 · Cal. Civ. Code §§ 1790-1795.8 (presumption at § 1793.22); court procedure at Cal. Code Civ. Proc. §§ 871.20-871.30 Drafted and cross-checked against primary sources by AI research agents; samples and every correction reviewed by Matt Spencer, the site operator. Not reviewed by an attorney. Legal information, not legal advice.

Statute cite

Cal. Civ. Code Secs. 1790 to 1795.8, with the court procedure at Cal. Code Civ. Proc. Secs. 871.20 to 871.30

New vehicles

A new motor vehicle bought or used primarily for personal, family or household purposes, and also one under 10,000 pounds gross vehicle weight bought or used primarily for business by a person with no more than five vehicles registered in the state. It includes the chassis, chassis cab and the portion of a motor home devoted to its propulsion, and excludes the portion of a motor home designed or used primarily for human habitation, motorcycles, and vehicles not registered under the Vehicle Code because they are used exclusively off the highways. The defect must substantially impair the use, value or safety of the vehicle.

Used vehicles

The chapter is confined to NEW goods and has no transferee clause, so a private secondhand buyer is not covered by it. But Sec. 1795.5 puts the chapter's obligations on a distributor or retail seller who sells USED goods with an express warranty, which is a real right for a used-vehicle buyer who bought from a dealer with a warranty. Coverage therefore turns on who sold the vehicle and whether an express warranty came with that sale, not on whether a warranty was still running.

Repair attempts

4 repair attempts on the same nonconformity, or 2 where it is likely to cause death or serious bodily injury.Window the count must occur in: within 18 months of delivery to the buyer or 18,000 miles on the odometer, whichever occurs first.2 conditions apply.

Days out of service

30 calendar days out of service, cumulative, and the statute requires MORE than 30.Window the count must occur in: within 18 months of delivery to the buyer or 18,000 miles on the odometer, whichever occurs first.1 condition applies.

Administered by

No single lemon law board. The Department of Consumer Affairs certifies a manufacturer's third-party dispute resolution process, and its Arbitration Certification Program receives manufacturers' elections to be governed by the court procedure and publishes the list of electing manufacturers each December 15. The Department of Motor Vehicles brands a reacquired vehicle's title "Lemon Law Buyback", and the State Board of Equalization reimburses the manufacturer for the sales or use tax it refunds.

What the law says about the remedy, word for word

Who chooses, and what a replacement has to be

(2) If the manufacturer or its representative in this state is unable to service or repair a new motor vehicle, as that term is defined in paragraph (2) of subdivision (e) of Section 1793.22, to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle in accordance with subparagraph (A) or promptly make restitution to the buyer in accordance with subparagraph (B). However, the buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.

Attorney fees and costs

(d) If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action.

(e) (1) Except as otherwise provided in this subdivision, if the buyer establishes a violation of paragraph (2) of subdivision (d) of Section 1793.2, the buyer shall recover damages and reasonable attorney’s fees and costs, and may recover a civil penalty of up to two times the amount of damages.

What is deducted for the use you had of the vehicle

(C) When the manufacturer replaces the new motor vehicle pursuant to subparagraph (A), the buyer shall only be liable to pay the manufacturer an amount directly attributable to use by the buyer of the replaced vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. When restitution is made pursuant to subparagraph (B), the amount to be paid by the manufacturer to the buyer may be reduced by the manufacturer by that amount directly attributable to use by the buyer prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. The amount directly attributable to use by the buyer shall be determined by multiplying the actual price of the new motor vehicle paid or payable by the buyer, including any charges for transportation and manufacturer-installed options, by a fraction having as its denominator 120,000 and having as its numerator the number of miles traveled by the new motor vehicle prior to the time the buyer first delivered the vehicle to the manufacturer or distributor, or its authorized service and repair facility for correction of the problem that gave rise to the nonconformity. Nothing in this paragraph shall in any way limit the rights or remedies available to the buyer under any other law.

Changes to time limits

The 30-day limit shall be extended only if repairs cannot be performed due to conditions beyond the control of the manufacturer or its agents.

Two independent readings of Cal. Civ. Code Sec. 1793.22(b)(3) reached opposite conclusions about what it does. A third pass, two further readings made independently of each other with both earlier readings in front of them, settled it. It extends "The 30-day limit", and that is the count the presumption requires: "a cumulative total of more than 30 calendar days" (Cal. Civ. Code Sec. 1793.22(b)(3)). Any time added under it raises that count, so more qualifying days are needed before the presumption arises.

Filing deadline

Where the manufacturer has elected into the court procedure, an action must be commenced within one year after the applicable express warranty expires and in no event later than six years after original delivery, with time tolled while the vehicle is out of service for repair, for a compliant pre-suit notice period of up to 60 days, and for a third-party dispute process. Where the manufacturer has NOT elected in, the supplied chapters state no limitations period.