Understanding California Lemon Law Claims
Last updated on August 26, 2025
There are hundreds of “lemon law” attorneys in California. The vast majority of them will tell you the California lemon law only applies to “new” vehicles that have a defect, are covered by the manufacturer’s warranty, and have not been fixed after three to four repair attempts. However, the lemon law applies to any vehicle sold with a warranty – new, certified pre-owned, and even used vehicles that come with a 30-day dealer warranty. Understanding your lemon law rights is crucial for all vehicle owners.
At Auto Law Firm, we are dedicated to helping consumers and specifically helping California consumers, with their lemon law claims. Attorney Michael Klitzke and his legal team are experienced attorneys and a dedicated lemon law firm serving California consumers. You can trust their knowledge and experience to help you obtain the justice you deserve.
What Is California’s Lemon Law?
California’s lemon law covers a wide range of motor vehicles, including cars, pickup trucks, vans, SUVs, and motorcycles. It protects buyers and lessees when a new motor vehicle has unrepairable mechanical problems.
The state’s lemon law provides protection for buyers and lessees of covered motor vehicles. California’s lemon law is part of broader lemon laws designed to protect consumers from defective vehicles.
Generally, you must show that you have made a reasonable number of repair attempts for the lemon law to apply. The lemon law process involves several steps, including documenting repair attempts and communicating with manufacturers. You must also show that:
- The problems the car has are covered under the manufacturer’s warranty
- The problems happened within the first 18 months or 18,000 miles
- The problems reduce the value, use, or safety of the vehicle
- The problems were not caused by abuse or misuse
California’s lemon law will cover defects that substantially impair the use, value, or safety of the vehicle, as long as these issues are not due to abuse or misuse.
If you meet these requirements, manufacturers may be responsible for providing you with a refund or a replacement.
Breach Of Warranty Claims
Under California’s lemon law, there are a variety of breach of warranty claims that may apply depending on your circumstances. Consumers may be entitled to recover actual damages, which can include the purchase price of the vehicle and registration fees paid.
Express Warranty Claims
The dealer/manufacturer fails to fix a defect under warranty after being given a reasonable opportunity to repair the vehicle. A reasonable opportunity could include three to four repair attempts, a single repair visit that exceeds 30 days, or where warranty repairs are refused. The remedy for these claims is a repurchase of the vehicle and may also include penalties. In successful lemon law cases, consumers may be entitled to a replacement vehicle or maximum compensation for their losses.
Implied Warranty Of Fitness
If you told the dealer what your needs are and relied on the dealer to provide a vehicle that meets those needs, you could have an implied warranty of fitness claim. This issue often arises when consumers tell the dealer they need a truck that can tow a 6,000-pound trailer, and the dealer convinces them to purchase a vehicle that cannot tow that trailer. The remedy for an implied warranty claim is a repurchase of the vehicle. The goal is to ensure the consumer receives a safe and working vehicle that meets their stated needs.
Implied Warranty Of Merchantability
In order to be merchantable, a vehicle must meet all of these conditions:
- Pass without objection under the contract description
- Be fit for ordinary purposes
- Adequately contained, packaged, and labeled
- Conform to the representations on the container or label
A car warranty helps ensure these standards are met and provides protection for consumers if the vehicle fails to meet them.
The remedy for an implied warranty claim is a repurchase of the vehicle. , can help you with these lemon law and breach of warranty type claims.
Types of Vehicles Covered
California’s lemon law provides robust protection for consumers by covering a wide variety of vehicles. Whether you have purchased or leased a new car, used car, truck, SUV, or van, the law is designed to ensure that your investment is protected if your vehicle turns out to be a lemon. California lemon law covers vehicles with a gross vehicle weight of less than 10,001 pounds, which includes most passenger cars and light trucks commonly driven in Southern California and throughout the state.
To determine if your vehicle qualifies under the California lemon law, it must meet certain criteria. The vehicle must have a substantial defect that impairs its use, value, or safety, and the manufacturer must have been given a reasonable number of repair attempts to resolve the issue. The number of repair attempts required can vary depending on the nature of the defect, but the law is clear that consumers should not be left with a defective vehicle after multiple attempts to fix the same problem.
This means that whether you are driving a new car, a certified pre-owned vehicle, or a used car purchased with a warranty, you may be eligible for protection under California’s lemon law if your vehicle meets the eligibility requirements. The law applies to vehicles purchased or leased for personal, family, or household purposes, giving car buyers across California the confidence that they are covered if their vehicle develops substantial problems.
If you are a car owner in Southern California or anywhere else in the state and your vehicle meets the criteria set by the California lemon law, you have important legal rights. Understanding whether your vehicle qualifies and how many repair attempts are considered reasonable is crucial to making a successful lemon law claim. If you believe your car, truck, or SUV is a lemon, consulting with an experienced California lemon law attorney can help you navigate the process and protect your rights.
Do You Have A Lemon Law Case?
To determine if you have a potential lemon law case in California, consider the following:
- Vehicle type: The law covers new and used vehicles, as well as leased vehicles, including cars, trucks, SUVs, and motorcycles, purchased or leased for personal or family use.
- Warranty coverage: Your vehicle must be under the manufacturer’s original warranty or a dealer’s warranty.
- Substantial defect: The vehicle must have a defect that substantially impairs its use, value, or safety.
- Reasonable repair attempts: The manufacturer or dealer must have been given a reasonable number of attempts to fix the problem. This typically means:
- At least two attempts for a defect that could cause death or serious bodily injury
- At least four attempts for other defects
- The vehicle has been out of service for repairs for a total of 30 days or more
- Timing: Issues must generally arise within 18 months of delivery or 18,000 miles, whichever comes first.
The lemon law applies to a wide range of lemons, including both new and used vehicles, as well as leased vehicles. As a consumer, you are protected if your defective vehicle cannot be repaired after a reasonable number of attempts.
Legal representation by an experienced attorney can help guide you through the entire process and whole process of a lemon law claim, ensuring your rights are protected and increasing your chances of a great settlement. We offer a free case evaluation to help you determine if your vehicle qualifies under the California Lemon Law.
Get Started On Your Claim Today
As a top-notch lemon law firm, we are dedicated to providing exceptional legal services for clients facing vehicle defect issues. If you believe you have a lemon law claim, don’t hesitate to seek legal assistance. Auto Law Firm serves clients throughout California, including San Diego, Los Angeles, and other regions across the state. Contact us today for a free case evaluation. To schedule a free consultation, call . From its Escondido office location, the firm’s team can assist clients throughout California, including San Diego and Los Angeles.