Auto Defect & Warranty
Does your car still have the same fault after repairs? Learn how California warranty claims work, what records to keep, and why your car maker and sale date matter.
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California Legislature · State legislature
Finding: SB26 made the newer court procedures depend on manufacturer election and sale-year coverage, with a separate transition rule for vehicles sold in 2025 and prior years.
SB26 chapter1: manufacturer election and updated notice rules (opens in a new tab) · Apr 2, 2025 · Checked Oct 3, 2026
Justice Liu · Supreme Court of California · Associate Justice; author of the court opinion
Finding: The court held that an unexpired new-car warranty alone did not bring a previously owned vehicle within the new-vehicle refund-or-replace definition at issue; the warranty had to be issued with the sale.
Supreme Court of California: Rodriguez v. FCA US, LLC S274625 (opens in a new tab) · Oct 31, 2024 · Checked Oct 3, 2026
Supreme Court of California · 2024
Read the source: Rodriguez v. FCA US, LLC, S274625 (opens in a new tab) · Checked Oct 3, 2026
Not covered by this case
Reasonable fees may be awarded to a prevailing buyer; no firm offer is verified here.
Source: California Civil Code article3: civil penalties and fees · as of Oct 3, 2026
The statute splits mediation costs equally; they may be recovered in a settlement or judgment.
Source: California Code of Civil Procedure chapter12: current court procedures · as of Oct 3, 2026
DCA says certified arbitration is free and does not require a lawyer; check program eligibility.
Source: DCA state-certified arbitration process · as of Oct 3, 2026
Keep the warranty, sale papers and dated repair orders. Mark missing records.
Source: DCA state-certified arbitration process · as of Oct 3, 2026
Ask which car maker election, claim, filing period and notice requirements apply.
Source: California Code of Civil Procedure chapter12: current court procedures · as of Oct 3, 2026
Check costs and whether the next step is notice, certified arbitration or a court action.
Source: DCA state-certified arbitration process · as of Oct 3, 2026
Responsible attorney: Roger KirnosCA Bar #283163
Office: Los Angeles, CA
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California changed some court steps in 2025. The newer process depends on the car maker's choice of rules and the year the car was sold. This is a guide to warranty disputes, so there is no single court stage for every owner.
The regular election covers cars sold during five consecutive calendar years. A separate transition rule allowed an election covering cars sold in 2025 and all prior years. That transition rule is broader than a five-year lookback; it still requires checking the car maker's choice of rules.
California's Department of Consumer Affairs (DCA) publishes elected car makers. Its public records checked for this guide list Ford Motor Company and FCA US LLC among the entries. A listed opt-in date is not, by itself, a full explanation of which sale years govern your dispute. Check the election record and the notice supplied with the car.
A car's model year is not a substitute for its sale year or original delivery date. The claim and requested remedy also matter. The newer chapter excludes service-contract claims and actions seeking remedies other than a refund or replacement of the car.
Ask a lawyer before you sell, trade in or transfer the car. Under the newer rules, you must have the car when you send a notice seeking penalties. Other rules cover keeping the car after notice and what must be disclosed before an allowed sale.
Keep the sale or lease papers, warranty and repair orders together. List each repair date, mileage and time the car was unavailable. Ask a lawyer to check the notice and rules about keeping the car before selling or transferring the car.
For cases under the newer process, the civil-penalty notice rule became operative July 1, 2025. It calls for notice at least 30 days before starting an action seeking those penalties. The notice names the consumer and car, summarizes repair problems and asks for a refund or new car.
That notice goes to the designated car maker email address or by certified or registered mail, with a return receipt requested, to the stated address. The consumer must have the car when sending it. A timely qualifying offer and completed refund or delivery of a new car can bar civil penalties under the stated conditions.
The same section permits a refund-or-replace action without that advance penalty notice, subject to having the car at filing and no civil penalties. It also has rules for holding the car after notice and disclosures before an allowed sale. Ask for case-specific advice before acting; this page does not approve a transfer or draft your notice.
Civil penalties are extra amounts on top of a refund or new car. In covered cases, a timely qualifying offer, followed by the refund or new car, can bar them. Ask a lawyer before you accept or turn down an offer.
You may have a claim if a covered car still has a warranty problem after reasonable repair attempts. A lawyer needs to check the car, warranty, defect and repair history. A set number of shop visits alone does not decide every case.
The main refund-or-replace rule concerns a new motor vehicle and its relevant written warranty. A lease can also fall within that rule. The terms and fault still need to be checked. Start with the sale or lease agreement and the warranty that covered the problem, rather than assuming every extended service plan gives the same remedy.
California also has a rule that can help show enough repair attempts were made. It concerns qualifying events in the first 18 months after delivery or first 18,000 miles, whichever comes first. It includes two attempts for a fault likely to cause death or serious injury, four for the same fault, or more than 30 days out for repairs. Notice, arbitration and other conditions can matter.
Those numbers describe a rule about proof, not a promise that every car qualifies or that all rights end at that mileage. Ask how the fault affects use, value or safety and which warranty covers it. Keep the actual dates and mileage so a reviewer can assess the facts.
A qualifying case may lead to a refund or new car under the law. The amount depends on the transaction, allowable charges and deductions. This guide does not offer a payout range or promise a result.
The refund rule includes the price paid or payable and certain taxes, fees and other allowed charges. It also permits certain incidental losses, such as reasonable towing or rental costs actually incurred. Save receipts and ask which charges fit the legal rule.
The law allows a deduction for use before the car was first presented for repair of the problem at issue. The newer court steps also contain rules for items such as negative equity from a prior car and some third-party purchases. Ask for an itemized calculation rather than assuming the whole contract balance comes back to you.
Civil penalties are extra amounts governed by separate legal requirements. Proof of a willful failure can matter, and the newer notice process can affect whether those penalties remain available. A refund request or a repeated defect does not automatically establish a penalty.
Ask for the fee agreement and any case-cost terms before hiring a lawyer. California law provides for reasonable fees and expenses for a buyer who prevails under the relevant provision. That rule does not verify any firm's offer or guarantee that you owe nothing in every outcome.
Ask who advances filing, record, expert and mediation costs, and what you owe if the case ends without recovery. Ask how a fee award or settlement would affect your agreement. Do not treat a general law about fees as the terms of a specific service.
For covered cases with lawyers, the newer court process calls for mediation and splits its costs equally at that stage. The buyer may recover those costs through a settlement or judgment. This court mediation is distinct from DCA-certified warranty arbitration.
DCA describes state-certified warranty arbitration as free and says an attorney is not required. Confirm that the car maker has a certified program and that the program can hear the dispute. A free arbitration program does not establish the price of a separate lawyer or intake service.
First, organize the warranty and repair facts. Next, check the car maker's process and the claim with a lawyer or a relevant certified program. Then confirm any notice, filing or dispute-resolution step and the costs before taking it.
DCA's certified arbitration process asks for repair orders, the sales contract and registration. Both sides can present their position, and the consumer chooses whether to accept the decision. A qualified program can also matter when using the repair-attempt presumption in a later court action.
The newer court disclosure and mediation section applies to stated covered cases filed from January 1, 2025, and does not apply to an unrepresented party. For cases to which it applies, it sets first document exchanges and a mediation schedule after the answer or other response. Most further discovery waits until mediation ends.
The statutory schedule calls for mediation to be scheduled within 90 days after that response and held within 150 days. Those are procedural targets, not a guarantee of a settlement, trial date or payment. Ask who will handle the next step and how a failure to resolve the case changes the plan.
A refund counts the price paid or payable, plus certain taxes and fees, minus a deduction for use. The newer court rules also cover negative equity from a prior car. Ask for an itemized calculation, including any loan balance. The sources checked here do not address credit reports.
Ask a lawyer to check the law, car maker election and your dates promptly. Some covered cases face a one-year period after the relevant warranty expires and a six-year limit from original delivery. Those periods have stated extensions and do not apply as a blanket rule to every warranty dispute.
The newer filing-period section applies to actions covered by that chapter. It lists extensions for certain arbitration periods, time out of service for repairs, and up to 60 days after a compliant pre-suit notice. A reviewer needs the records to assess which extension applies and how to count it.
A deadline for a car maker to elect a process is not your own deadline to sue. Nor is the first 18 months or 18,000 miles rule a general filing deadline. Ask for an explanation of the filing period for your specific claim rather than treating either date as an automatic bar.
Do not assume that contacting a dealer, a website or a lawyer has completed the required notice or court filing. The newer notice section specifies what a notice seeking civil penalties must contain and where it must go. Keep delivery proof and have the next required step checked.
The key evidence concerns the car, warranty, reported fault and attempts to fix it. Records can help show what happened and when. They do not guarantee that the law provides a refund for your specific car.
Keep repair orders even when they describe an intermittent problem or say no fault was found. Compare them with your own dated account and mark any gaps. The newer disclosure rules include repair orders, communications, payment history and records of claimed losses.
Used cars need a careful warranty review. In October 2024, the California Supreme Court held that an unexpired new-car warranty alone did not make a previously owned car a new motor vehicle for this refund-or-replace provision. The warranty had to be issued with the sale for the phrase the court interpreted.
That ruling addressed a specific legal remedy. Other possible warranty rights need a separate review; this decision does not rule on every other claim. Bring the actual warranty and sale papers so a lawyer can identify the relevant route.
A review starts with your car, warranty, repair records and dates. Ask which rules, remedy and filing period apply to you. Asking a lawyer or a website does not send a notice or file a claim.
Ask whether the dispute concerns the car maker's warranty or a separate service contract. Ask which sale year and election control the process. Also ask what effect a prior repair, arbitration decision or proposed sale has on the next step.
Keep a request for a refund distinct from a request for civil penalties. Keep DCA-certified arbitration distinct from the court mediation required in certain covered cases. These differences affect notice, cost and process without promising the outcome of either route.
The topic-specific questions below cover those distinctions and the used-car ruling. They are not a substitute for reviewing your documents. Ask for written explanations when someone gives a deadline, refund estimate or claim about what you will owe.
This guide uses official California statutes, chaptered legislation, agency records and an original Supreme Court opinion. Each source answers a different legal or process question. None is an endorsement of a firm or confirmation that a specific reader has a case.
The operative statute is important when a summary leaves out a qualification. SB26 changed who is covered and moved the penalty-notice start date to July 1, 2025. The chaptered laws and current code should be read together rather than relying only on the original AB1755 text.
The DCA car maker list is a starting point for checking an election. The records checked here include opt-in dates but do not supply every underlying election document or covered-year explanation. Confirm the record for the car maker and sale year before applying these court steps to your case.
No. The newer chapter depends on manufacturer election and the sale year covered by that election. Check the DCA record and the notice supplied with the vehicle; a model year or opt-in date alone does not decide all coverage questions.
The newer notice rule concerns actions seeking civil penalties and requires checking whether the chapter applies. It permits a refund-or-replacement action without that advance notice under specified possession conditions and without civil penalties. Ask a lawyer which route and notice rules apply before filing.
Not automatically. The California Supreme Court held that an unexpired new-car warranty alone did not make a previously owned vehicle a new motor vehicle under the refund-or-replace provision at issue. Other possible warranty remedies require a separate review of the sale and warranty.
No. That window belongs to a rule about proving reasonable repair attempts, subject to conditions. It is not a general deadline for every warranty action; a lawyer must check the filing period and applicable extensions for the claim.
No. The newer court mediation provision is a court procedure for specified covered cases, not the same as warranty arbitration. It excludes unrepresented parties and initially splits mediation costs.
Source: California Code of Civil Procedure chapter 12 · as of Oct 7, 2026
Not without checking first. California's newer lemon law procedure has rules on keeping the vehicle, notice, filing, holding periods and disclosures before a sale when civil penalties are sought. Ask a lawyer how a sale would affect your claim.
Keep repair orders, dates out of service, warranty papers, purchase or lease papers, and written notices to the manufacturer. California lemon-law rules look at repair attempts and warranty duties. Clear records help a lawyer check the right remedy.
Source: California Civil Code article 3: lemon-law repair presumption · as of Oct 7, 2026
Check the notice tied to your vehicle and the procedures in the newer California chapter. An election can affect procedure, but it does not decide every warranty question. A lawyer can match the election, purchase date, and remedy you want.
Source: California Code of Civil Procedure chapter 12 · as of Oct 7, 2026
Checked against 7 primary sources by People's Justice editors · Updated
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