The Original Rule Still in Effect for Some Manufacturers
Under California Code of Civil Procedure § 337, the traditional statute of limitations runs four years from the date you discovered, or reasonably should have discovered, that the manufacturer couldn't fix the defect. Manufacturers who haven't opted into the newer AB 1755 and SB 26 framework remain under this rule.
The New Track: AB 1755 and SB 26
Assembly Bill 1755, signed in September 2024, and its cleanup legislation Senate Bill 26, signed in April 2025, created an alternate framework that manufacturers can voluntarily opt into. For manufacturers that do, the statute of limitations changes to one year after the vehicle's express warranty expires, with an absolute outer limit of six years from the original delivery date, regardless of warranty status. This is often described as a statute of repose alongside the standard limitations period.
Why "Opt-In" Is the Detail Consumers Miss
This new framework isn't automatic for every manufacturer. It only applies to manufacturers who've formally opted in. The California Department of Consumer Affairs' Arbitration Certification Program publishes the list of opted-in manufacturers each year, by December 15. That list can change annually, which means the deadline that applied to your vehicle last year isn't guaranteed to be the same this year if your manufacturer's status has changed.
The Mandatory Pre-Suit Notice
For opted-in manufacturers, consumers must send a written pre-suit notice at least 30 days before filing a lawsuit seeking civil penalties. This notice must include the vehicle's information, repair history, and a clear demand for buyback or replacement. This requirement did not exist before 2025 and adds a mandatory procedural step ahead of the deadline itself.
The Mediation Window Built Into Litigation
Once a case is filed against an opted-in manufacturer, a mandatory mediation period generally applies, typically within 150 days after the manufacturer's answer to the complaint, with some restrictions on discovery during that period. This changes the practical timeline of pursuing a claim even after filing.
Why Missing the Presumption Window Isn't the Same as Missing the Deadline
The Tanner Act's 18-month or 18,000-mile presumption window is a separate concept from the statute of limitations. Missing that window doesn't end your case; it just removes an automatic legal presumption. Missing your actual filing deadline does end your ability to pursue civil penalties through litigation, which is why the two shouldn't be confused.
Common Ways Drivers Miscalculate Their Deadline
A recall notice doesn't reset the clock. A manufacturer's internal buyback review doesn't pause it. Multiple unrelated defects on the same vehicle can each carry separate accrual dates rather than one shared deadline. And under the new framework, the trigger date shifted from "discovery of the defect" to "warranty expiration" for opted-in manufacturers, which is a meaningfully different calculation.
A Deadline Protection Checklist
- Determine whether your manufacturer has opted into the AB 1755 framework
- If opted in, calculate from your warranty expiration date, not your discovery date
- If not opted in, calculate from when you discovered the manufacturer couldn't fix the defect
- Confirm whether a 30-day pre-suit notice is required before filing
- Track each distinct defect on the vehicle separately
- Don't let a recall, relocation, or internal review lull you into believing the clock has stopped
Why This Deserves Legal Review, Not Guesswork
Because the applicable deadline now depends on a manufacturer-specific opt-in status that isn't easy for consumers to find or interpret on their own, this is one of the areas where a wrong assumption carries the highest cost. The Blueprint Law Group tracks which manufacturers are opted in and calculates the correct deadline for each client's specific vehicle.
Confirm Your Actual Deadline Before It's Too Late
Don't rely on an outdated four-year rule of thumb that may no longer apply to your vehicle.
Reach out today. The clearer your timeline, the stronger your position.
Visit us at theblueprintlawgroup.com
Straight answers.
What does it cost to hire you for a lemon law claim?
Nothing upfront. We don't charge hourly rates or retainers for lemon law cases. Because the Song-Beverly Consumer Warranty Act includes a fee-shifting provision, the manufacturer generally becomes responsible for reasonable attorney's fees once you prevail.
What can I recover?
Depending on your case, California's Lemon Law may entitle you to a replacement vehicle, a refund, or compensation.
How many repair attempts do I need?
A reasonable number. Under the Song-Beverly Act's presumption, within 18 months or 18,000 miles that generally means four or more attempts at the same defect, more than 30 days out of service, or two or more attempts at a defect likely to cause death or serious bodily injury. Outside that window you may still have a claim. We review your repair orders for free.
Is there a deadline to file?
Yes — and California's time limits recently changed. Read what AB 1755 means for your deadline, or ask us to check yours.