Wirtz Law Blog

A bill passed in 2024 implemented several changes to California’s lemon law, set to take effect in 2025. Lawmakers scrambled to add further adjustments. Now, lemon vehicle owners are wondering where they stand. 

The 2024 Bill

AB 1755, passed in 2024, made several changes to existing rules under California’s Song-Beverly Consumer Warranty Act and the Tanner Consumer Protection Act. These two laws historically provided the nation’s strongest consumer protections regarding defective vehicles. AB 1755 changes filing deadlines, notice requirements, and other procedural requirements for lemon law claims. 

Under AB 1755, a lemon lawsuit brought under the Song-Beverly Consumer Warranty Act or the Tanner Consumer Protection Act must be filed within one year of the date an “applicable express warranty” expires. No claim can be brought more than six years after the original delivery date of the vehicle. 

Beginning July 1, 2025, AB 1755 (as amended by SB 26) requires a vehicle owner to provide written notice to the automaker demanding a refund or replacement vehicle to trigger a right to civil penalties. This notice must be provided before the vehicle owner files a lemon lawsuit. 

The new law also requires vehicle owners to attend mediation as part of resolving a lemon lawsuit. It requires mediation to be completed before the parties can engage in full statutory “discovery,” the process of trading information and evidence to narrow down the issues in a lawsuit. 

Finally, AB 1755 (as amended by SB 26) allows a court to sanction anyone who does not comply with its provisions, beginning July 1, 2025. 

Criticisms of the Lemon Law Changes

Governor Gavin Newsom signed the bill in September 2024. The bill’s opponents note that the new rules significantly limit protections for vehicle owners.

Shorter filing deadlines and the requirement to provide notice before filing limit the amount of time vehicle owners have to file lemon law claims. For some vehicle owners, time will run out before it’s clear they have a lemon vehicle. For example, if you purchase a car with a warranty that lasts longer than 6 years, your lemon law rights remarkably expire before your warranty does.

Requiring mediation before discovery also poses challenges. Discovery plays an indispensable role in civil lawsuits. It allows both sides to understand the issues clearly, to identify points on which they agree, and to focus on the substance of any remaining disagreements. 

In many civil lawsuits, mediation occurs only after discovery begins. Holding mediation during the discovery process allows the parties to focus on key issues during mediation, making the process less costly and more effective. For both vehicle owners and automakers, mediation before full statutory discovery is completed can lead to additional expenses and muddying of the key issues. 

Further Proposed Changes to California’s Lemon Laws

Responding to these and other criticisms, California lawmakers filed an additional emergency law known as SB 26. The introduced legislation now allows automakers, but not the consumer, to opt-in to the new rules, thus giving only the automakers the choice of what law they want to use against the consumer. 

What To Do If You Suspect Your Vehicle Is a Lemon

California’s lemon laws may be changing, but vehicle owners can still take steps to protect their legal rights.

First, take your vehicle to the dealership promptly when problems arise. Keep copies of all your paperwork from the dealership, including descriptions of issues and repairs, bills, and receipts. 

If you pay for other costs out of pocket, like towing bills, keep copies of these receipts as well. Consider keeping both paper copies and digital backups. Keep records of any money you spent on alternative transportation, like a rental car, bus fare, or rideshare fees. 

Speak to an experienced lemon law attorney as soon as possible. With the new law imposing shorter deadlines on your time to file, reaching out to an attorney quickly is a must. 

Consider speaking to an expert lemon law lawyer even if you’re not yet certain your car is a lemon. The sooner you connect with an experienced lawyer, the easier it will be to protect your right to file a lemon law claim within the deadline. 

California lemon law is changing rapidly. To understand how the rules apply in your situation, speak to the winning team at Wirtz Law APC. Your best decision is to take action and know your rights.