Starting in 2025, California quietly split its lemon law deadline into two different tracks — and which one applies to your car depends on a decision your manufacturer made, one you were never notified about directly. This guide breaks down what changed, why it matters, and how to find out which clock is running on your case.
The Two Tracks Now Running Side by Side
For decades, the deadline was simple: four years from when you discovered — or should have discovered — that the manufacturer couldn't fix your vehicle's defect, under California Code of Civil Procedure § 337. That track still exists.
But under Assembly Bill 1755 and its follow-up, Senate Bill 26, manufacturers can now choose to "opt in" to a different framework. Opted-in manufacturers are subject to:
- A filing deadline of one year after your vehicle's express warranty expires
- An absolute outer limit of six years from the date the vehicle was originally delivered, regardless of warranty status
- A mandatory 30-day written pre-suit notice to the manufacturer before you can pursue civil penalties
- A mediation window built into the litigation timeline once a lawsuit is filed
Manufacturers that haven't opted in remain under the traditional four-year framework. The California Department of Consumer Affairs publishes the list of opted-in manufacturers each December, and it can change year to year.
Why This Distinction Actually Matters to You
The practical effect is that two people with nearly identical cars and nearly identical defects can be operating on completely different deadlines depending on who made their vehicle. A driver whose warranty already expired eight months ago might assume they have years left to act, when in fact they may have only a few months if their manufacturer opted in. Conversely, someone under the traditional track may have more runway than they realize, and rush unnecessarily.
Neither assumption is safe to make on your own.
The Pre-Suit Notice Nobody Warns You About
Under the opted-in track, you can't simply file a lawsuit. You're required to send the manufacturer written notice at least 30 days before filing, identifying the vehicle, the repair history, and a clear demand for buyback or replacement. Skip this step, or get the content wrong, and you risk delaying your own case while your deadline keeps running in the background.
The 18-Month Presumption Window Still Matters Too
Separate from the statute of limitations, the Tanner Consumer Protection Act's 18-month or 18,000-mile presumption window is still in play. Defects and repair attempts inside that window create a legal presumption that your vehicle qualifies as a lemon. This window doesn't replace the filing deadline. It's a different, earlier tool that strengthens your case if you act within it.
Used Vehicles: Still Covered, But the Analysis Got More Fact-Specific
Used and certified pre-owned vehicles are still covered when an active manufacturer warranty applies. However, some manufacturers have narrowed what counts as covered for used vehicles sold without a continuing factory warranty. Whether your used vehicle qualifies now depends more heavily on the specific warranty documentation than it used to.
Protecting Your Timeline: A Practical Checklist
- Find out whether your manufacturer has opted into the AB 1755 framework
- If they have, calculate your deadline from your warranty expiration date, not just the date you discovered the defect
- Don't file anything without confirming whether a 30-day pre-suit notice is required first
- Keep tracking the 18-month/18,000-mile window separately — it still affects the strength of your case
- If you have a used or certified pre-owned vehicle, confirm exactly what warranty coverage applied when the defect appeared
- When in doubt about which track you're on, ask before you assume
Manufacturers Know Things Consumers Don't
Manufacturers' legal teams have known about this two-track system since it passed. Most consumers haven't heard about it at all. That gap in knowledge is exactly what lets deadlines quietly expire on cases that were otherwise strong. The Blueprint Law Group tracks which manufacturers have opted into the new framework and what that means for your specific timeline, so you're not left guessing which clock applies to you.
Don't Let a Changed Law Cost You Your Case
The rules moved. Your deadline may have moved with them, and not necessarily in the direction you'd expect. At The Blueprint Law Group, we offer free consultations to identify exactly which track applies to your vehicle and how much time you actually have left.
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.