How Long Do I Have to File a Lemon Law Lawsuit in California

Understanding California’s New Lemon Law Timelines Under AB 1755

California’s Lemon Law provides essential protections for consumers who purchase or lease defective vehicles. If your car has persistent problems while your car is under warranty that the manufacturer cannot fix, you may be entitled to a refund or replacement. However, strict deadlines apply when filing a claim, and recent legislative changes have introduced new timelines and procedures that require you to act much faster than before. Understanding these changes is crucial to ensuring you don’t miss your opportunity to seek compensation. Contact Nita Lemon Law Firm in Los Angeles for immediate assistance with a lemon law claim in California.

Previous Lemon Law Statute of Limitations

Before last year’s passage of Assembly Bill 1755 (AB 1755), the statute of limitations for filing a Lemon Law lawsuit in California was four years from the date a consumer first discovered (or should have discovered) that their vehicle was defective beyond repair. This rule applied regardless of whether the vehicle’s warranty had expired, so long as the troubles and repair attempts occurred during the warranty period, allowing consumers some flexibility in bringing a claim.

New Lemon Law Timelines Under AB 1755

With the enactment of AB 1755, significant changes have been made to the deadlines and procedures for pursuing Lemon Law claims in California. These new rules impose stricter timelines, making it more important than ever for consumers to act quickly when dealing with a defective vehicle.

1. Revised Statute of Limitations

Under AB 1755, consumers must now file a Lemon Law lawsuit within one year after the expiration of the vehicle’s express warranty. Additionally, no lawsuit can be initiated more than six years after the vehicle’s original delivery date, regardless of when the defect was discovered.

Example: If you purchased a vehicle on January 1, 2020, with a 5-year express warranty expiring on January 1, 2025, you would need to file your Lemon Law lawsuit by January 1, 2026. Now let’s say that instead of a 5-year warranty, the manufacturer issued a 10-year warranty. If a defect became apparent in 2027 that couldn’t be repaired, you would be barred from filing a Lemon Law claim due to the six-year limitation, even though your car is still under warranty.

These changes mean that consumers must be proactive in identifying issues and pursuing claims within the allowed timeframes.

2. Pre-Litigation Notice Requirement

Effective April 1, 2025, AB 1755 introduces a new written notice requirement before a consumer can seek civil penalties in a Lemon Law lawsuit. This new requirement means that before initiating a lawsuit, the consumer must notify the manufacturer in writing at least 30 days in advance. The notice must include:

• The consumer’s name and contact information.
• The Vehicle Identification Number (VIN).
• A detailed description of the vehicle’s defects and repair history.
• A request for a repurchase or replacement of the vehicle.

The manufacturer then has 30 days to respond and acknowledge they received your request. After that response, the manufacturer has another 30 days to repair, replace, or buy back the vehicle. Once the notice and compliance periods have expired, which could be as long as 60 days in all, the consumer can then file a Lemon Law claim if their needs were not met by the manufacturer.

This new requirement is designed to give manufacturers an opportunity to resolve disputes before litigation, potentially expediting the process for consumers seeking relief.

3. Mandatory Mediation Before Litigation

AB 1755 also mandates mediation before filing a lawsuit. This means that before taking the case to court, both the consumer and the manufacturer must participate in a formal mediation process to attempt to resolve the dispute. During this period:

• All discovery (legal fact-finding) is paused except for limited disclosures and depositions.
• If mediation results in a settlement, the consumer may receive compensation or a vehicle replacement without having to go to court.
• If mediation fails, the consumer can proceed with filing a lawsuit under the revised statute of limitations.

Mandatory mediation aims to encourage quicker resolutions and reduce the number of Lemon Law cases going to trial.

Why These Changes Matter for Consumers

The revisions introduced by AB 1755 significantly impact how and when consumers can file Lemon Law claims. Key takeaways include:

• Stricter deadlines – The new law imposes a firm six-year cap on all claims, making it essential for consumers to act promptly.
• Earlier action is required – Previously, consumers could file claims years after discovering defects, but now they must file within one year of their warranty’s expiration.
• Pre-litigation requirements – Consumers must now provide manufacturers with written notice and participate in mediation before taking legal action.

Because of these changes, consumers should be vigilant about documenting issues with their vehicles and initiating claims as soon as possible.

How to Protect Your Lemon Law Rights

To ensure you are in the best position to file a successful claim, follow these steps:

1. Keep all records – Maintain copies of repair orders, invoices, and correspondence with the dealership or manufacturer. These documents serve as crucial evidence if you need to file a claim.
2. Report defects early – The sooner you report an issue, the better. Delaying repairs or complaints may hurt your case under the new law.
3. Submit written notice – If your vehicle qualifies as a lemon, ensure you send a written request for a buyback or replacement before filing a lawsuit.
4. Participate in mediation – Be prepared for the required mediation process before taking your case to court.
5. Consult with an experienced Lemon Law attorney – A skilled lawyer can help navigate the legal process, negotiate with manufacturers, and file a lawsuit if necessary.

Get Help With Your California Lemon Law Claim

If you suspect you have a lemon, it’s crucial to act quickly under the new rules established by AB 1755. The revised timelines and procedures mean that delaying could cost you your right to seek compensation. At Nita Lemon Law Firm, we work every day helping California consumers fight for their rights against auto manufacturers.

Our experienced attorneys will guide you through the process, ensuring compliance with the new regulations and maximizing your chances of a successful outcome. Don’t wait—contact us today for a free consultation and find out how we can help you get the compensation you deserve.