California Lemon Law Basics: The 18-Month Presumption
California's Song-Beverly Act presumes a new car is a lemon if the same warranty problem keeps coming back early in its life. Here's the test.
By EZ Auto Repairs Editors · Updated
The presumption
A new vehicle is presumed to be a lemon if, within 18 months or 18,000 miles (whichever comes first), any one of these happens:
- The same problem has been repaired four or more times.
- A defect that could cause death or serious injury has been repaired two or more times, and you notified the manufacturer directly.
- The vehicle has been out of service for warranty repairs for more than 30 days total.
Arbitration and the presumption
To rely on the presumption, you generally go through the manufacturer's state-certified arbitration program first. You can still pursue a lemon law claim outside the presumption window. It just takes more evidence.
What changed in 2025
AB 1755 (2024) and SB 26 (2025) created a new opt-in procedure for manufacturers. Under it, a consumer sends a written demand at least 30 days before suing, the manufacturer has 30 days to make an offer, and there are new timelines for payment.
Keep every repair order
California repair invoices already have to describe the work done. For warranty work, make sure each repair order states your complaint in your own words, the date in and the date out, and the mileage. Those three details are what count toward the presumption.
This is general information, not legal advice. Talk to a California lemon law attorney about a specific vehicle.
Keep reading
In San Diego County? See our city guides for local DMV offices and smog help.
Sources
Last checked October 2026.