How Do You File a Lemon Law Claim in California?

Short answer: There is no single statewide filing checklist. First confirm the vehicle, warranty and defect fit California’s new-motor-vehicle rules. Then the path can branch among repair documentation and Tanner notice, Department of Consumer Affairs–certified arbitration, voluntary New Motor Vehicle Board mediation, a civil action under Song-Beverly, and—only for manufacturers that opted in—the newer Code of Civil Procedure procedures. Civil Code § 1793.2(d)(2); § 1793.22; CCP §§ 871.20–871.29; DCA arbitration information.

Start with coverage, not a form

Before “filing” anything, check whether the refund-or-replace framework even applies:

• Is the problem a nonconformity—a failure to meet an applicable express warranty that substantially impairs use, value or safety? § 1793.22(e)(1).
• Is the vehicle a new motor vehicle under section 1793.22(e)(2), including the used/demonstrator rules explained in Does California lemon law cover a used car?
• Have you given the manufacturer or its agents a reasonable number of attempts to repair, understanding that the familiar two-repair, four-repair and 30-day figures are a rebuttable presumption, not a universal eligibility scorecard? § 1793.22(b); Attorney General guidance.

The California lemon law overview walks through those eligibility building blocks in more detail.

Branch A: Build the record every path needs

Whatever route you later choose, preserve:

• Purchase or lease agreement, warranty booklet and registration
• Every repair order and invoice, with dates, mileage, complaint language and results
• Written communications with the dealer and manufacturer
• Receipts for towing, rentals and related incidental costs
• Proof of any required manufacturer notice and how it was sent

For warranty work, the repair facility must present a copy of the work order or repair invoice when service or repairs are made. Civil Code § 1793.1(a)(2). Keep “could not duplicate” records too; this guide does not decide whether any particular visit counts as an attempt.

Branch B: Tanner notice vs opt-in pre-suit notice

Do not treat these as interchangeable.

Tanner notice (presumption route)

For the two-attempt serious-safety presumption and the four-attempt presumption, direct manufacturer notice is required only if the manufacturer clearly and conspicuously disclosed the statutory provisions and direct-notice requirement with the warranty or owner’s manual. When required, send notice to the address specified there. The more-than-30-days out-of-service route in section 1793.22(b)(3) does not carry that same direct-notice condition. § 1793.22(b).

Opt-in CCP § 871.24 notice (civil-penalty route)

For a covered action against a manufacturer that elected the newer chapter, a consumer seeking Civil Code section 1794(c) civil penalties generally must, at least 30 days before starting that penalty claim, send a written notice with the consumer’s name, accurate VIN, a brief repair-history summary, and a repurchase-or-replace demand—by the manufacturer’s posted email address or by certified/registered mail as the statute directs. Section 871.24 became operative July 1, 2025. A restitution/replacement action under section 871.20 can be started without that notice, but then civil penalties under that route are not available. CCP § 871.24; DCA explanation of AB 1755 and SB 26.

Branch C: Check manufacturer election before assuming CCP procedures

Code of Civil Procedure sections 871.20 through 871.28 apply to covered restitution/replacement (and related) actions only against a manufacturer that elected them under section 871.29 (with the transitional rules in section 871.30). Non-electing manufacturers remain under the existing Song-Beverly / Tanner framework and any separate certified-arbitration arrangements. CCP §§ 871.20, 871.29, 871.30; DCA new lemon-law procedures.

At a new-vehicle sale, a manufacturer must tell the consumer which statutory procedure governs that vehicle. CCP § 871.29(d).

Live list caution (November 5, 2026 review): the DCA manufacturer-election page at accepted_manufacturers.shtml returned its heading stating that listed manufacturers elected the new procedures, but no usable manufacturer names appeared in the fetched page content. That missing content does not mean no manufacturers opted in. Check the live DCA page and your sale documents before relying on election status. Do not invent opt-in names.

For covered opt-in actions, filing limits generally run within one year after the applicable express warranty expires and no later than six years after original delivery, with specified tolling—including repair downtime and up to 60 days after a qualifying pre-suit notice. Those limits are for covered section 871.20 actions, not a universal deadline for every warranty claim. CCP § 871.21.

Branch D: DCA-certified arbitration (ACP)

Many manufacturers sponsor a state-certified third-party arbitration program monitored by the Department of Consumer Affairs’ Arbitration Certification Program. DCA describes arbitration as free to file, not requiring an attorney, and usually producing a decision within about 40 days after the claim is filed with the certified program. If the consumer accepts the decision, the manufacturer is generally bound and must perform within 30 days. DCA ACP FAQs; DCA arbitration process.

DCA’s process page lists participating manufacturers under programs such as BBB Auto Line, CDSP Auto Line and CAP-Motors, with contact numbers. Use that live page for current program assignments rather than assuming any brand always uses the same program.

If a qualified third-party dispute resolution process exists and the buyer received timely written notice of its availability, operation and effect, the Tanner presumption generally may not be asserted until after the buyer initially resorts to that process. If no qualified process exists, the buyer is dissatisfied with the decision, or the manufacturer does not promptly fulfill an accepted decision, the buyer may assert the presumption in an action to enforce section 1793.2(d) rights. § 1793.22(c)–(d).

Do not confuse ACP-certified arbitration with a private arbitration clause in a purchase, lease or finance contract. Read the actual documents.

Branch E: New Motor Vehicle Board mediation

The New Motor Vehicle Board offers informal, no-cost, voluntary mediation for some contractual and manufacturer warranty/repair disputes. It acts as a mediator and cannot order a dealership, manufacturer or distributor to provide a particular result. Its official overview expressly lists Lemon Law among complaint types outside its jurisdiction. Use it, if at all, as a voluntary communication tool—not as a lemon-law filing or decision process. NMVB mediation overview.

Branch F: Civil action

A buyer damaged by a failure to comply with Song-Beverly warranty obligations may bring an action for damages and other relief under Civil Code section 1794. A buyer who prevails can recover reasonably incurred costs and expenses, including attorney fees based on actual time expended as determined by the court. Willful noncompliance may allow—but does not require—a civil penalty of up to two times actual damages, subject to statutory exclusions and conditions. Section 1794(e) separately addresses certain motor-vehicle replace-or-refund violations and interactions with a qualified third-party process and written notice.

For opt-in covered actions, section 871.26 adds represented-party disclosure, deposition and mediation timing rules (those disclosure rules do not apply to an unrepresented party), and section 871.27 adds settlement calculation and payment-timing details. CCP §§ 871.26–871.27.

This information site does not evaluate cases, draft pleadings or refer readers to any lawyer or firm. If you want help finding a lawyer, the State Bar publishes lawyer referral information.

A branching checklist (not a promise of eligibility)

1. Confirm warranty coverage and vehicle category with the sale/lease and warranty documents; for used vehicles, apply the Rodriguez “issued with the sale” test.
2. Organize repair history before contacting anyone formally.
3. Check warranty/owner’s manual notice instructions for any Tanner direct-notice requirement.
4. Look up the manufacturer’s dispute options on the DCA arbitration page and read any contractual arbitration clause separately.
5. Check election status on the live DCA manufacturer-election page and in the sale notice required by CCP section 871.29(d)—without assuming names from an empty fetch.
6. Choose a path that matches those facts: manufacturer contact, certified arbitration, voluntary NMVB mediation, and/or a civil action, using the matching notice rules.
7. Get individualized advice before a deadline or demand. General guides cannot evaluate your vehicle.

Sources and review limits

This guide was checked against Civil Code sections 1793.2, 1793.22 and 1794; Code of Civil Procedure sections 871.20–871.30; the California Attorney General cars page; DCA ACP FAQs, process, new-lemon-law and accepted-manufacturers pages; and the NMVB mediation overview on November 5, 2026. The accepted-manufacturers page supplied a heading but no usable manufacturer names during that review. No invented opt-in lists, settlement averages or case outcomes are included. This website is an information guide, not a law firm, and does not provide legal services, case evaluations or referrals.

Published November 5, 2026 · Last reviewed November 5, 2026 · How we write and review guides