California Lemon Law Attorney

Lemonaid Firm represents California drivers with defective vehicles under federal MMWA and California state law. Cash-only settlements. Contingency, we seek MMWA fee-shifting. California matters handled through our network of locally-admitted lemon law counsel. Real trial firm, not a lead-gen funnel.

Federal MMWA focusCash-settlement focusWe seek manufacturer-paid fees

California Lemon Law, At a Glance

Statute

Cal. Civ. Code §§ 1790–1795 (Song-Beverly Consumer Warranty Act)

Presumption

four attempts on the same defect OR two attempts for a defect likely to cause death/injury OR 30 days out of service within 18 months / 18,000 miles

Federal court

C.D., N.D., E.D., S.D. Cal. district courts (Song-Beverly cases sometimes stay in California Superior Court for the consumer-favorable jury rules)

Arbitration

Manufacturer-sponsored programs (BBB AUTO LINE / NCDS), California consumers are NOT required to exhaust arbitration before suing

How our process works

No deck. No discovery invoice. Just a clear path from "this car keeps breaking" to a cash settlement that gets you on with your life.

Take the case eligibility quiz. Walk through a few quick questions about your California purchase date, mileage at first failure, and your Song-Beverly presumption math. California's Song-Beverly Act gives the strongest consumer protections in the country, four repair attempts (or two for safety defects) within 18 months/18,000 miles triggers the statutory remedy. The quiz tells you which path, Song-Beverly buyback vs MMWA cash, is right for your facts.
We review your documents. Upload (or text us photos of) your purchase agreement, every repair order, and your warranty booklet. We tell you whether the facts support a federal MMWA or state lemon law claim.
We make the demand. We file a formal demand citing Song-Beverly and federal MMWA together. The Song-Beverly civil-penalty provision (up to 2× actual damages for willful violations) can escalate a manufacturer's exposure significantly.
You get a cash settlement. Cash-only settlements are our default, you keep the vehicle (or sell it on the private market) and pocket a cash payment. We seek to have the manufacturer pay our attorney fees under federal warranty law. Never out of your settlement.

Cash-only settlements, what that actually means

Most lemon law firms push you toward a "buyback", you give the manufacturer the car, they give you a reduced refund. We do it different.

Our default settlement structure: you keep the vehicle, we get you a cash payment for the diminished value. If your repairs took six months total and the dealer keeps saying "no problem found," that's a real loss, and it's real money the manufacturer owes you.

The numbers we typically see: 15–25% of the original purchase price as a cash settlement, plus manufacturer-paid attorney fees on top under federal warranty law. Never out of your pocket. Never out of your settlement.

Buybacks make sense in some cases (severe safety defect, total-loss-equivalent situations). When buyback IS right, we run the math hard so the offer includes the full purchase price, every payment, every dealer-imposed fee, minus only a fair mileage offset.

If your situation doesn't qualify, we'll tell you straight. No padded cases.

MMWA vs California lemon law, plain English

Two laws can apply to your case. We file under both when the facts support it.

California Lemon Law

Citation: Cal. Civ. Code § 1793.22
Common name: Song-Beverly Consumer Warranty Act
Presumption window: 18 months / 18,000 miles, whichever comes first
Arbitration: BBB AUTO LINE (manufacturer-funded; non-binding for the consumer)
Typically applies to new vehicles in the original warranty
State courts and procedures apply

Federal Magnuson-Moss Warranty Act

Citation: 15 U.S.C. § 2301 et seq.
Applies: Any state, any vehicle with a written warranty
Covers used vehicles with any remaining warranty
Fee-shifting: Manufacturer pays your attorney fees when you win
Federal court is an option (or state court)
Often the stronger lever when state law has narrow scope

California note: California's Song-Beverly Act is one of the most consumer-friendly lemon laws in the country. It applies to new AND used vehicles still under the manufacturer's original warranty, broader than most state laws. The manufacturer pays the buyer's attorney fees when the consumer wins, similar to federal MMWA.

Song-Beverly typically governs, but federal MMWA stays available as a backstop, especially when the vehicle is outside the state-law warranty window or when the manufacturer is fighting hard on Song-Beverly coverage. We file under both when the facts support it.

Eligibility basics, what we'll ask for

A real case requires real documentation. Here's what we need to evaluate yours.

Purchase or lease agreement, the full document, all pages. This proves the date of delivery and warranty start.
Every repair order, the dealer is legally required to give you a written repair order for every warranty visit. Save all of them. Even the ones that say "no problem found", especially those.
The manufacturer's warranty booklet, usually a small booklet in your glovebox. Defines the warranty terms.
Photos or videos of the defect, if you can capture the problem on camera (the way the transmission slips, the steering issue, the dashboard warning light), do it.
DMV registration, confirms ownership and current mileage.
Manufacturer correspondence, any letters, emails, or recorded calls with the manufacturer (not just the dealer). These often establish what they knew and when.

What counts as a repair attempt? A documented dealer visit for the same defect. The dealer giving you the car back with the problem unresolved counts, even if they wrote "no problem found." Especially if they wrote "no problem found."

California lemon law FAQs

Real questions California consumers ask. Plain English answers.

Does California's lemon law apply to used vehicles?+

Yes, if the used vehicle is still under the manufacturer's original new-vehicle warranty (Song-Beverly applies to vehicles bought or leased "primarily for personal, family, or household purposes" while under warranty). Used vehicles outside the original warranty may still qualify under federal Magnuson-Moss if there's any kind of written warranty in place.

How many repair attempts before California's lemon law presumption kicks in?+

The Song-Beverly presumption window is 18 months or 18,000 miles from delivery, whichever comes first. Within that window, the law presumes a "reasonable number" of repair attempts has been made if: (a) two or more attempts were made for the same warranty defect that causes serious injury risk, OR (b) four or more attempts for the same defect, OR (c) the vehicle has been out of service for repair for 30+ cumulative days. Outside the window you can still bring a claim, the presumption just doesn't apply automatically.

How is California different from other state lemon laws?+

Two things stand out. First, Song-Beverly covers used vehicles still under original warranty, which most state laws don't. Second, the California Court of Appeal has been broadly consumer-friendly, "buyback" calculations include incidentals and the manufacturer pays your attorney fees when you win.

What does a Song-Beverly cash settlement actually look like?+

Our default: a cash settlement that pays you for the diminished value of the vehicle without forcing you to give the car back. We seek to have the manufacturer pay our attorney fees on top, not from your settlement. You keep the car (or sell it on the private market) and pocket the cash.

Does Lemonaid Firm work with attorneys in California?+

Yes. Joshua Feygin is admitted in Florida, DC, Vermont, and Alabama. California matters are run through our network of locally-admitted lemon law counsel, they file the paperwork, we coordinate the strategy and the cash-settlement framing. You get our intake, our case management, and the local-counsel admission required by California courts.

How long does a California lemon law case usually take?+

Most Song-Beverly cases settle in 60–120 days from filing. Cases that go through BBB AUTO LINE (the manufacturer-funded arbitration program) move faster but the awards are typically lower; we usually advise skipping arbitration and going straight to court demand.

What documents do I need to start a California lemon law claim?+

Two things to start: (a) your purchase or lease agreement, (b) every repair order from every dealer visit (the dealer is required to give you a written repair order, keep them all). Once you take our quiz and we open a file, we'll request the rest: warranty booklet, manufacturer correspondence, photos/videos of the defect, and DMV registration.

Can the manufacturer just buy back my car instead of paying cash?+

They can offer a buyback, Song-Beverly explicitly authorizes it. But buyback isn't your only option. We push for cash settlements where you keep the vehicle when the math works in your favor. If buyback IS the right call, we make sure the calculation includes the full purchase price minus a fair mileage offset, plus incidentals and fees.

What if my car is leased, not purchased?+

Song-Beverly applies to leased vehicles too. The settlement math is different, we recover the diminished value of your lease equity plus payments made minus mileage offset, but the rights are the same and the manufacturer still pays our fees when we win.

Is there a deadline to file a California lemon law claim?+

Yes. The general statute of limitations for Song-Beverly claims is four years from the date the cause of action accrues, typically when you first reasonably knew the defect was unfixable. If you've been chasing the same problem for years, the clock may have started. Take the quiz and we'll tell you straight whether you're still in the window.