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If your new or used vehicle keeps going back to the shop for the same problem, California’s lemon law may entitle you to a buyback, a replacement, or a refund, and the manufacturer can be required to pay your attorney’s fees when you win. We help drivers across Beverly Hills, Newport Beach, Orange County, and Los Angeles County hold manufacturers accountable under the Song-Beverly Consumer Warranty Act. Led by Amanda Rokita, a Super Lawyers Rising Star and member of the State Bar of California, we pursue lemon law claims from the first demand letter through resolution.
Schedule a Free Lemon Law Case Review
Manufacturers have teams of lawyers, and they tend to settle for more when a consumer is represented. We offer:
Common situations clients bring to us include:
California’s lemon law is the Song-Beverly Consumer Warranty Act (Civil Code sections 1790 to 1795.8). It requires a manufacturer to repurchase, replace, or refund a vehicle it cannot repair to match its warranty after a reasonable number of attempts. A related provision, the Tanner Consumer Protection Act (section 1793.22), sets a presumption that a vehicle is a lemon when defects substantially impairing its use, value, or safety aren’t fixed within a set window. The law applies to many new and some used vehicles still covered by a manufacturer’s warranty, and the federal Magnuson-Moss Warranty Act can provide a backup path in some cases.
The core of the law covers new vehicles under the manufacturer’s express warranty that can’t be repaired after a reasonable number of attempts. We pursue a buyback, replacement, or cash settlement for these claims.
Some used and certified pre-owned vehicles still covered by a manufacturer’s warranty may qualify under Song-Beverly or under the federal Magnuson-Moss Warranty Act. We evaluate which path applies to your purchase.
When a vehicle qualifies, the consumer chooses between a buyback, a refund of what you paid minus a statutory mileage offset for use before the first repair attempt, and a replacement with a comparable vehicle. We negotiate the buyback math so you aren’t short on the figure.
If a manufacturer willfully fails to meet its obligations, the law allows a civil penalty of up to two times your actual damages on top of the buyback. Pursuing this generally requires sending a proper pre-suit demand letter first.
A vehicle generally qualifies when it has a defect that substantially impairs its use, value, or safety, the defect is covered by the manufacturer’s warranty, and the manufacturer has had a reasonable number of attempts to fix it. The exact thresholds depend on the facts, but these are common signals.
| Situation | May qualify? |
|---|---|
| Same defect after several repair attempts | Yes, likely |
| Vehicle out of service for an extended total time while under warranty | Yes, likely |
| Serious safety defect after only one or two failed repairs | Yes, often |
| Defect that doesn’t affect use, value, or safety | Less likely |
| Problem that first appeared after the warranty expired | Often no, ask an attorney |
We can review your repair history and tell you, at no charge for the initial review, whether you appear to have a claim.
Keep every repair order, because that paper trail is what proves a reasonable number of attempts. Don’t trade in or sell the vehicle before getting advice, since your rights can be tied to ownership. And don’t assume you have unlimited time, because California changed its lemon law deadlines in 2025, and waiting too long can end a claim that would otherwise succeed.
California overhauled its lemon law through Assembly Bill 1755 (2024) and Senate Bill 26 (2025), and the deadline that applies now depends on whether your vehicle’s manufacturer opted into the new framework.
Manufacturers on the new opt-in track. For covered newer vehicles, a claim generally must be filed within one year after the express warranty expires, and no later than six years from the date the vehicle was delivered. This track also requires a 30-day pre-suit notice to the manufacturer and mandatory mediation.
Manufacturers not on the new track. The traditional four-year deadline generally applies.
The lemon law presumption window is separate. The Tanner Act presumption period is about shifting the burden of proof and isn’t the same as the filing deadline. Missing the presumption window doesn’t automatically end a claim, but missing the filing deadline does.
Because which rule applies depends on the manufacturer and the purchase, confirm your deadline with an attorney before assuming you still have time.
| Option | What you get | Best when |
|---|---|---|
| Buyback | Refund of what you paid, minus a mileage offset for use before the first repair | You want out of the vehicle entirely |
| Replacement | A comparable new vehicle, with the manufacturer covering taxes and fees | You want a working version of the same vehicle |
| Cash and keep | A negotiated payment while you keep the car | The defect is documented but you want to keep driving it |
California’s lemon law includes a one-way fee-shifting provision, which means a manufacturer can be required to pay a prevailing consumer’s reasonable attorney’s fees and costs. Because of this, qualifying lemon law cases are commonly handled with no upfront cost to the consumer. We’ll explain our fee arrangement during your free case review so you know exactly how it works before you decide.
The most damaging mistakes are throwing away repair orders, trading in or selling the vehicle before getting advice, accepting the manufacturer’s first buyback offer without checking the math, waiting until the warranty is long gone to act, and assuming a problem doesn’t qualify because the dealer said so. Keep your records and get a free review before you sign anything.
Generally, a vehicle qualifies if it has a defect that substantially impairs its use, value, or safety, the defect is covered by the manufacturer’s warranty, and the manufacturer has had a reasonable number of attempts to fix it. A serious safety defect can qualify after fewer attempts. A free case review is the fastest way to find out.
California’s lemon law shifts attorney’s fees to the manufacturer when the consumer prevails, so qualifying cases are commonly handled with no upfront cost to you. We explain our fee arrangement during your free case review.
Depending on the case, you may receive a buyback (a refund minus a mileage offset), a replacement vehicle, or a cash settlement, plus a civil penalty of up to two times your damages if the manufacturer’s conduct was willful.
It depends on the manufacturer and the vehicle. Under the updated law, some claims must be filed within one year after the warranty expires and no later than six years from delivery, while others follow the traditional four-year deadline. Confirm your deadline with an attorney as early as possible.
Yes. Repair orders are the most important evidence in a lemon law claim because they establish how many times the manufacturer tried to fix the same defect. Keep every one.
Not before checking the math. Manufacturers sometimes offer less than the law requires or take deductions they aren’t entitled to. Have the figure reviewed before you sign anything that includes a release.
If your vehicle keeps breaking down and the manufacturer won’t make it right, you may be entitled to a buyback, a replacement, or a refund, often at no cost to you. Call Rokita Law, P.C. at (888) 765-4825 or schedule a free case review online. We serve drivers in Beverly Hills, Newport Beach, Orange County, Los Angeles County, and throughout California
If you are looking for a trustworthy and professional civil litigation attorney in Los Angeles, contact Rokita Law P.C. today!
