For most of the last fifty years, California's lemon law worked one way. In 2025, the rules for using it changed twice in four months. If you are driving a car that keeps breaking, the headlines about "new lemon laws" are easy to misread, and getting the details wrong can cost you real money.
Here is the short, honest version. The law that decides whether your car is a lemon, and how much you get back, is largely the same as it was. What changed is the process: the deadlines, the paperwork, and the steps you have to take before you can sue. And because of a second law passed in the spring, those new steps do not apply to every driver the same way. This guide walks through exactly what changed, who it affects, and what still protects you. For the broader picture of how these claims work, start with our overview of California lemon law.
What Actually Changed in 2025
The change came from Assembly Bill 1755, signed by Governor Newsom on September 29, 2024 and effective January 1, 2025. The state's courts had been buried in lemon law filings, and AB 1755 was designed to push these cases to a faster resolution.
Importantly, AB 1755 did not rewrite the definition of a lemon. The core consumer protections still live where they always have, in the Song-Beverly Consumer Warranty Act starting at California Civil Code section 1790. Instead, the new law added a fresh set of court procedures, codified as a new chapter of the California Code of Civil Procedure (sections 871.20 through 871.30). Think of it as a change to the process for demanding a refund, not the right to a refund.
The headline procedural changes are:
- A required pre-suit notice. Before you can sue for certain penalties, you have to formally notify the manufacturer and give it a chance to make things right.
- A shorter deadline to sue. The window to file was tightened considerably compared to the old rule.
- Faster timelines once a case is filed. Quicker document exchange, early depositions, and mandatory mediation, all on a tight schedule.
On their own, those changes would apply to everyone. But that is not how it played out, because of a second law.
The Twist That Changes Everything: SB 26 and the Opt-In System
When the Governor signed AB 1755, he took the unusual step of asking the legislature to immediately pass a follow-up bill making the new procedures optional for manufacturers. Some automakers, particularly newer companies that sell directly to consumers without a traditional dealership network, argued the rigid new steps did not fit how they operate.
That follow-up was Senate Bill 26, signed on April 2, 2025. SB 26 turned AB 1755 into an opt-in framework. A manufacturer can now choose one of two paths:
- Opt in to the new AB 1755 procedures, by filing a formal election with the state. That choice locks in for five years.
- Stay out, and remain governed by the traditional, pre-2025 lemon law rules.
The practical result is that California now runs a two-track system. The rules that apply to your claim depend on whether your vehicle's manufacturer opted in. To keep this transparent, the California Department of Consumer Affairs, through its Arbitration Certification Program, publishes a public list of the manufacturers that opted in and updates it each year.
The protections did not get weaker. The paperwork got stricter. Under the new system, the drivers who win are the ones who document early and follow the steps exactly.
Before or After 2025: Does Your Purchase Date Decide?
This is the question we hear most, and the answer surprises people. For most drivers, the dividing line is not the date you bought or leased your car.
When SB 26 created the opt-in system, it also let manufacturers apply their choice backward. A manufacturer that opted in could do so for its vehicles sold in 2025 and in all prior years (see Code of Civil Procedure section 871.30). So if your manufacturer opted in, the new procedures can apply to your claim whether you bought the car in 2026, 2023, or earlier.
In other words, the honest answer to "does my purchase date matter?" is usually no. What matters is which manufacturer made your vehicle, and whether it opted in. Here is how the two tracks compare:
| If your manufacturer opted in | If your manufacturer did not opt in |
|---|---|
| You must send a 30-day written pre-suit notice to seek civil penalties. | No new pre-suit notice is required before filing. |
| Shorter deadline: one year after the warranty expires, capped at six years from delivery. | The traditional deadline (generally four years) still applies. |
| Governed by the Song-Beverly Act plus the new procedures (CCP 871.20–871.30). | Governed by the Song-Beverly Act under the pre-2025 rules. |
| Confirm status on the state's opt-in registry before you act. | Confirm status on the state's opt-in registry before you act. |
Because that list changes and is updated annually, do not rely on a brand's reputation or an old article. Check the state's official opt-in list, or let an attorney confirm which track your car is on before you make a move.
The New Pre-Suit Notice Requirement
If your manufacturer opted in, this is the rule most likely to trip you up. Under Code of Civil Procedure section 871.24, and operative since July 1, 2025, you must send the manufacturer a written notice at least 30 days before filing a lawsuit that seeks civil penalties.
Why it matters: civil penalties can be worth up to two times your actual damages under Civil Code section 1794(c), and they are often the difference between a modest recovery and a meaningful one. Get the notice wrong, and you can lose the right to ask for them.
The notice has strict requirements. It must:
- Include your full name, the vehicle's 17-character VIN, a brief summary of the repair history and the problems, and a clear demand that the manufacturer repurchase or replace the vehicle.
- Be sent the right way: by certified or registered mail to the address in the owner's manual, or by email to the address the manufacturer is required to display on its website (in both English and Spanish). Handing it to a service advisor at the dealership does not count.
- Be sent while you still have possession of the vehicle, and you generally need to keep possession for at least 30 days after.
There is a related trap worth knowing. If the manufacturer ignores your notice and you decide to sell or trade in the car, you must give the new buyer written notice of the defects and the pending claim first. Sell it without that warning, and you can permanently forfeit your right to civil penalties.
Not sure which rules apply to your car?
The opt-in list, the notice rules, and the deadlines are exactly the kind of details that decide a case. We will check which track your vehicle is on and tell you straight whether you have a claim. Free, no obligation, no fees unless we win.
Start Your Free Case ReviewA Shorter Clock: The New Deadline to Sue
For opted-in manufacturers, AB 1755 also tightened the filing deadline. Under Code of Civil Procedure section 871.21, a claim must be brought within one year after the vehicle's express warranty expires, and in no event more than six years after the car was first delivered, no matter when the defect appeared.
That is a real change. Under the traditional rules, the deadline is generally four years from when you discovered the defect, which often gave drivers more breathing room. The new clock rewards acting promptly. The law does pause the deadline for time the car spends in the shop, and for up to 60 days while your pre-suit notice period runs, but the safest approach is simple: if your car has a serious, recurring problem, do not sit on it. For more on why deadlines are not always the wall they appear to be, read our breakdown of the 18-month and 18,000-mile rule.
What Did Not Change: Your Core Protections
With all the talk of "new lemon laws," it is easy to assume your rights shrank. They did not. The substantive heart of California's lemon law is untouched, and it remains one of the strongest in the country.
The 18-month/18,000-mile presumption
The Tanner presumption under Civil Code section 1793.22 still works exactly as before. Within the first 18 months or 18,000 miles, your case gets a powerful boost if there have been four or more repair attempts for the same defect, two or more attempts for a defect that could cause serious injury, or more than 30 cumulative days out of service. Neither AB 1755 nor SB 26 changed this.
How a buyback is calculated
The math for a buyback is the same. Under Civil Code section 1793.2(d), you are entitled to the price you paid, plus taxes, fees, and finance charges, plus related costs like towing and rentals, with the only deduction being a usage offset tied to the mileage at your first repair visit for the defect. That formula did not move.
No penalty for trading in your car
In Niedermeier v. FCA US LLC (2024), decided just before these reforms, the California Supreme Court ruled that money you received for trading in or selling a defective vehicle does not get subtracted from your recovery. That consumer-friendly rule is still good law, and the 2025 changes did nothing to weaken it.
What This Means for You Right Now
Put it together and the picture is clear. The reforms made the process faster and stricter, not weaker. For drivers whose manufacturer opted in, the upside is speed: a proper notice forces the manufacturer onto a tight clock. The downside is that the new steps create traps for anyone who is not careful, and missing one can cost you penalties you were entitled to.
Whichever track your car is on, the same habits protect you, and they matter more than ever under a faster clock:
- Save every repair order, and make sure each one quotes your complaint in your own words
- Track the "in" and "out" dates and mileage so you can count days out of service
- Keep your purchase or lease agreement, registration receipts, and warranty booklet together
- Hold on to any pre-suit notice you send, with the certified mail receipt or time-stamped email
- Do not sell or trade in the car before getting advice, the timing rules can affect your penalties
The single most valuable step is to confirm, early, which track your vehicle is on and what deadline you are actually facing. That one fact shapes every move that follows.
Frequently Asked Questions
What changed in California's lemon law in 2025?
Two laws changed the process for filing a claim. AB 1755 took effect January 1, 2025 and added new court procedures, including a pre-suit notice and a shorter deadline. SB 26, signed April 2, 2025, made those procedures optional through an opt-in system. The law that defines a lemon and sets the buyback amount did not change.
Does AB 1755 apply if I bought my car before 2025?
It can. Manufacturers were allowed to opt in for vehicles sold in 2025 and all prior years, so the new rules can apply to an older car if that manufacturer opted in. Your purchase date is usually not the deciding factor; your manufacturer's choice is.
Do I have to send a notice before suing now?
If your manufacturer opted in, then to seek civil penalties you must send a written 30-day notice (operative since July 1, 2025) with your VIN and repair history to the manufacturer's designated address or email, while you still have the car. Skipping it can cost you those penalties.
Did the 18-month/18,000-mile rule or the buyback amount change?
No. The presumption, the buyback formula, and the Niedermeier rule that a trade-in does not reduce your recovery are all unchanged. AB 1755 changed how you enforce your rights, not the rights themselves.
How do I find out if my manufacturer opted in?
The California Department of Consumer Affairs publishes an official list through its Arbitration Certification Program and updates it each year. Because it changes, check it before acting, or have an attorney confirm which rules apply to your vehicle.
Talk to a California Lemon Law Attorney
The 2025 changes did not take your rights away, but they did add steps where a small mistake can have a real cost. Figuring out whether your manufacturer opted in, what deadline applies, and whether a notice is required is exactly the kind of analysis worth getting right the first time.
At Power Lemon Law, every case review is free. There is no obligation, and we do not get paid unless we win. Bring whatever you have, even if it is only your repair orders and a rough timeline, and we will tell you honestly which track your car is on and whether you have a claim. You can contact us here or call 877-323-LEMON.
If your car keeps breaking the same way, let us take a look.
Led by head attorney Bobby Yaghoubian, Power Legal Group is a California consumer protection firm fighting for drivers stuck with defective vehicles. A division of Power Legal Group, PC.