Lemon claims: new rules for California cars

The newer car-claim rules depend on the maker and covered sale year. A list entry alone does not decide coverage. Check the warranty, dates and type of claim with a lawyer.

What changed under AB 1755 and SB 26?

AB 1755 added a court procedure for certain car claims. SB 26 later made it depend on a maker’s election. The rules do not apply to every warranty dispute.

AB 1755 was approved in September 2024. SB 26 took effect April 2, 2025 and changed which claims use the chapter. It covers certain refund or replacement claims against a maker that elected to use it. It excludes service-contract claims and claims that seek other kinds of relief.

Does my maker’s name on the list settle coverage?

No. The covered sale years matter too. Ask for the election period and which rule applies to your car.

The DCA record gives names and election dates. It does not decide your car’s covered sale year. Regular elections cover five consecutive calendar sale years. A separate transition covers vehicles sold new in 2025 and all prior years if its conditions were met. Do not assume the date listed covers a later sale.

What are the filing limits if this chapter applies?

It sets limits tied to the warranty and original delivery. It also lists periods that pause the clocks. Ask a lawyer to calculate your own date.

Section 871.21 sets one year after the applicable written warranty expires and no later than six years from original delivery. Listed pauses can affect both clocks. They include repair time, applicable qualified-arbitration rules and a compliant notice period up to sixty days. Check the chapter’s scope and the warranty that covers the fault before using these limits.

When is written notice needed for an extra penalty?

Under the covered rules, notice comes before seeking a civil penalty. It must ask for a refund or replacement. A lawyer should check the content, address and timing.

The notice rules in section 871.24 began to apply on July 1, 2025. The section generally requires written notice at least thirty days before a covered action seeking an extra statutory penalty. The notice needs the owner’s name, accurate vehicle identification number and short repair history. Possession, offer and later-sale conditions also apply. Ask a lawyer to check the actual notice.

Is court mediation the same as warranty arbitration?

No. They are different processes. The court rule has limits based on representation, filing date and claim scope.

Section 871.26 governs covered court cases filed on or after January 1, 2025. It does not apply to a party without a lawyer. It sets early documents and mediation steps, with limited case preparation allowed before mediation ends. DCA’s certified warranty arbitration is a different program with its own eligibility and accept-or-reject choices.

What records and fee questions should I bring?

Keep the warranty, sale papers and repair orders. Add notices and any maker response. Ask which fees and next steps apply to the actual process.

In covered cases with lawyers, the court chapter calls for sale, finance, registration and repair records. Its mediation costs are shared and may be recovered. Free certified arbitration does not mean a court case is free. Legal fees under section 1794 depend on the law and outcome; ask for the actual firm terms.