California Lemon Law Attorney

Your car was supposed to be reliable, and instead it keeps landing back at the dealership for the same problem. If a defect will not stay fixed, you may not be stuck with it. A California lemon law attorney at Neale & Fhima can force the manufacturer to buy the vehicle back or replace it, and we have done exactly that for thousands of drivers across the state.

With a 99% success rate and more than 35 years serving California, our lemon law lawyers in California take on the major automakers and their defense teams so you do not have to.

You do not need to figure this out on your own. Call 888-407-2955 for a free case review, or keep reading to see whether your vehicle qualifies.

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What Is the California Lemon Law?

The California Lemon Law is the Song-Beverly Consumer Warranty Act, a state law that requires manufacturers to repurchase or replace a vehicle they cannot fix after a reasonable number of warranty repair attempts. It applies when a covered defect substantially affects the vehicle’s use, value, or safety, and it puts the cost of the remedy on the manufacturer, not you.

The law lives in California Civil Code sections 1790 to 1795.8, and parts of it are also called the Tanner Consumer Protection Act. You can read the full statute on the state’s official legislative site. California’s version is widely viewed as one of the strongest consumer protection laws of its kind in the country, which is good news if you own a defective vehicle here.

Do I Qualify for California’s Lemon Law?

You likely qualify for California’s Lemon Law if your vehicle has a defect covered by the manufacturer’s warranty that the dealer cannot fix after a reasonable number of attempts, and the problem substantially affects the car’s use, value, or safety. The vehicle must have been bought or leased in California and be under warranty when the first repair attempt is made. If that sounds like your situation, you may be owed a refund or a replacement vehicle.

Notice what is not on that list. You do not have to prove the car is dangerous, worthless, or undriveable. You do not have to catch the defect in the first month. And a warranty that keeps failing to fix the problem is not protection, it is the exact scenario the Lemon Law was written for. If you are seeing the signs your vehicle is a lemon, the sooner you act, the stronger your claim tends to be.

Not sure if you qualify? Send us your repair orders and a California lemon law lawyer will tell you within one conversation.

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Vehicles and Defects the Lemon Law Covers

The Lemon Law covers most newer vehicles still under a manufacturer’s warranty, along with the defects that warranty is supposed to protect against. It is broader than many people assume, and it reaches both personal and small-business vehicles.

Here is a plain-language breakdown of what has to be true.

Your Vehicle Generally Qualifies if It:

• Came with a manufacturer’s warranty, new or certified pre-owned (CPO, meaning a used car the maker inspects and re-warranties), that was still in effect at the first repair attempt. These warranties transfer with the car, so a used vehicle can still be covered.
• Is a car, truck, van, or SUV with a gross vehicle weight (GVW, the maximum loaded weight rating) under 10,000 pounds. The drivetrain of a motor home counts too.
• Was purchased or leased in California, with an exception for active-duty military members stationed here.
• Belongs to a person or a business with no more than five vehicles registered in California. Personal or business use both qualify.

The Defect Generally Qualifies if It:

• Is covered by the factory warranty, not a separate optional service contract sold at the dealership.
• Substantially impairs the vehicle’s use, value, or safety, judged by an objective standard rather than personal preference.
• Remains unfixed after a reasonable number of repair attempts by an authorized dealer. Courts have made clear that a single attempt is never enough, and that a repair attempt counts each time you bring the car in for the issue, whether or not the dealer actually works on it.

If your vehicle and your defect both clear those bars, you are likely holding a viable claim.

How Many Repair Attempts Make a Car a Lemon in California?

There is no single magic number, but California law creates a presumption in your favor once certain thresholds are met within the first 18 months or 18,000 miles, whichever comes first. When the presumption applies, the burden shifts to the manufacturer to prove the car is fine.

Type of problem	Repair attempts that can trigger the presumption
A defect that could cause serious injury or death, such as brake, steering, or stalling failures	2 or more attempts
The same defect that is not a safety issue	4 or more attempts
Vehicle out of service for warranty repairs	30 or more days total, not necessarily consecutive

Two points matter here. First, safety defects qualify fastest, sometimes in just two attempts. Second, the presumption is a shortcut, not the only path. Even outside the 18-month window, you can still win by showing the manufacturer had a reasonable number of chances and failed. For the finer details of how courts count attempts and days, review the signs your vehicle is a lemon.

What Are Your Remedies: Refund or Replacement?

If your vehicle qualifies, you are entitled to a repurchase or replacement, and in most cases the choice is yours rather than the dealer’s. Both remedies come at the manufacturer’s expense.

A repurchase, often called a buyback, means the manufacturer refunds what you paid. That includes your down payment, your monthly payments, finance charges, taxes, registration, and factory options, plus out-of-pocket costs like towing, repairs, and rental cars. The total is reduced only by a use offset for the miles you drove before the first repair attempt.

A replacement means the manufacturer provides a new, comparable vehicle free of the defect, and pays the taxes and fees on it. Both sides generally have to agree to a replacement, so if the manufacturer insists on a buyback, that becomes the remedy.

There is also a third path many owners do not know about: a cash-and-keep settlement, where you hold onto the car and the manufacturer pays you for its reduced value.

Want to know which remedy fits your case best? Call 888-407-2955 and we will walk you through it.

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How a Lemon Law Buyback Is Calculated

A buyback refunds your money minus a mileage-based use offset, and the formula is set by statute, so it is not up for negotiation. The manufacturer does not get credit for your time in the car before the trouble started. It only deducts for the miles driven up to your first repair visit.

The calculation works like this:

(Odometer at first repair attempt ÷ 120,000) × purchase price = use offset

For example, if you paid $30,000 and first brought the car in at 12,000 miles, the offset is (12,000 / 120,000) x $30,000, which equals $3,000. Your refund would be reduced by that $3,000 and nothing more for mileage. Because the offset only counts pre-repair miles, reporting a defect early protects more of your refund.

What Is a California Lemon Law Claim Worth?

A lemon law claim is worth the full value of your remedy.

Our results reflect what strong documentation and a willingness to go to trial can produce. In representative cases, we recovered $185,000 at a jury trial for a client whose Mercedes-Benz had a steering column defect, and we secured full vehicle repurchases for clients with defective Jeep, Ford, and Dodge vehicles across Orange County, Riverside County, San Diego County, and the Inland Empire. Past results do not guarantee a particular outcome, but they show how we approach these cases.

Fees are handled through the statute, not out of your recovery in the way many people fear. Under Civil Code section 1794(d), a consumer does not pay their attorneys fees and costs, but rather the attorney’s fees and costs are recovered from the manufacturer. We also offer a free consultation to review your case before you decide anything.

How Does the Lemon Law Claim Process Work?

The process usually moves through a few clear stages, and most cases resolve without ever going to trial. Understanding the path ahead helps you make good decisions at each step.

It typically starts with gathering your repair orders and purchase documents, then sending the manufacturer a demand that identifies the defect and the repair history. From there, most claims move into negotiation, where the manufacturer either agrees to a buyback, a replacement, or a settlement. If the automaker refuses to be reasonable, the case can proceed to litigation, and our willingness to try cases is often what brings a fair offer to the table. You can see each stage of the lemon law claims process in more detail.

Documentation is what powers the whole process. Before you file, look up any open recalls or investigations for your vehicle on the federal safety database at the National Highway Traffic Safety Administration, and keep every repair invoice, even the ones marked “no problem found.” Those slips still count as repair attempts.

Ready to start? Call 888-407-2955 and we will build the timeline with you.

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Why Drivers Choose Neale & Fhima as Their California Lemon Law Lawyers

The best lemon law lawyer in California knows the statute cold, moves quickly, and is not afraid to litigate when a manufacturer digs in. Automakers defend these claims with experienced counsel, and they rarely offer a solo consumer their best resolution. That is where an experienced firm changes the math.

Clients tell us they value a few things in particular. We know California’s Lemon Law inside and out. We keep clients involved and informed instead of leaving them guessing. We resolve most claims efficiently and without the need for a courtroom. And when litigation is necessary, we have a real track record of winning it.

You also will not have to rearrange your life to work with us. We settle most lemon law cases without clients ever visiting an office. If you are near Irvine, Dana Point, San Diego, Los Angeles, or San Francisco, you are welcome to meet in person, and anywhere else in California we handle your free consultation by phone.

About Attorney Aaron Fhima

Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers throughout California, his practice focuses on lemon law and personal injury litigation.

Aaron has a long record of taking on major defense firms, and he does not hesitate to take a case to trial when that is what it takes to enforce a client’s rights. That trial readiness is a big part of why manufacturers settle with our clients on fair terms.

Frequently Asked Questions

These are the questions California drivers search before they ever call a firm. Here are direct answers.

Can I sue a car manufacturer in California for a defective car?

Yes. If your vehicle has a warranty defect the dealer cannot fix after a reasonable number of attempts, you can bring a claim under California’s Lemon Law against the manufacturer, not the dealer. A successful claim can require the automaker to buy the car back, replace it, or pay a cash settlement, and it may add a penalty if the manufacturer acted willfully.

Do I need a lawyer, or can I handle a lemon law claim myself?

You are allowed to handle it yourself, but manufacturers defend these cases with legal teams and rarely extend their best offer to an unrepresented owner. Because Civil Code section 1794(d) forces auto manufacturers to pay for the attorney’s fees and costs, working with a lemon law attorney in California is more accessible than most people expect.

How long do I have to file a lemon law claim in California?

California recently tightened its lemon law deadlines, so it is best not to wait once a pattern of failed repairs is clear. Acting while the vehicle is still under warranty also keeps your evidence strong. During a free consultation, we will confirm the current deadline that applies to your specific vehicle.

Does a used or leased car qualify for the Lemon Law?

Often, yes. A used car can qualify if it is still within the original factory warranty or a manufacturer certified pre-owned warranty when the defect appears, because those warranties transfer with the vehicle. Leased vehicles are covered too, and a buyback can release you from a lease on a car that never worked right.

What if the dealer says my car is operating normally?

Get that statement in writing and keep it. A “no problem found” visit still counts as a repair attempt in most cases, and a stack of them can help prove the defect is real and unresolved. Persistent problems that the dealer cannot replicate are common, and they do not defeat a valid claim.

Talk to a California Lemon Law Attorney Today

Paying for a vehicle that does not work is frustrating, and a serious defect can put your safety at risk every time you drive. You do not have to keep absorbing that. Neale & Fhima have spent decades holding automakers accountable across California, from Orange County to the Bay Area, and we know how these cases are defended and won.

Send us your repair records and let a California lemon law attorney tell you where you stand. Call 888-407-2955 or request your free consultation, and let us take the fight to the car company for you.

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California lemon law rules, deadlines, and procedures change over time. This page is general information, not legal advice about your specific vehicle. Speak with an attorney to confirm how the current law applies to your situation.