At Rockpoint Law, lemon law is all we do, and California is home. The Song-Beverly Act is one of the most consumer-friendly lemon laws in the country — it covers more vehicles than most states, and it lets a court order the manufacturer to pay up to two times your damages when the conduct was willful. Most drivers never hear about that second part.
Start with a free case evaluation and find out what your California claim is actually worth.
Get Your Free Case Evaluation →California's Lemon Law is the Song-Beverly Consumer Warranty Act (Civil Code § 1790 and following), with its presumption spelled out in the Tanner Consumer Protection Act (§ 1793.22). Together they protect vehicles bought or leased in California and sold with a manufacturer's warranty.
Two things set California apart. First, it reaches further than most states: Song-Beverly can cover used vehicles too, as long as they were sold with a written or manufacturer's warranty still in force. Second, and this is the one manufacturers do not advertise, a California court can order a civil penalty of up to two times your actual damages when the manufacturer's failure to repurchase was willful.
The defect still has to substantially impair the use, value, or safety of the vehicle. A cosmetic blemish is not a lemon. A transmission that won't hold a gear is.
Send us your repair orders and we'll tell you honestly whether you have a claim.
Talk to Rockpoint Law →Within 18 months or 18,000 miles, the manufacturer's dealer has tried four times to fix the same performance defect and it is still there. It has to be the same problem coming back.
California's fast track. A defect likely to cause death or serious injury — brakes, steering, a stall in traffic — needs only two failed repair attempts to trigger the presumption.
The vehicle has been in the shop for 30 cumulative days during the 18-month / 18,000-mile window. The days do not have to run together.
| Requirement | What It Means | Example |
|---|---|---|
| Inside the 18-Month / 18,000-Mile Window | The Tanner presumption applies when the qualifying repairs happen within 18 months or 18,000 miles of delivery. | Transmission fault at month 12, 15,000 miles |
| Four Repairs, Same Defect | The same performance defect has gone through four authorized repair attempts and still is not fixed. | Stalling repaired four times, still stalling |
| Two Repairs, Safety Defect | A defect likely to cause death or serious injury that persists after two attempts. | Two failed brake-failure repairs |
| Or 30 Days Out of Service | The vehicle has spent 30 cumulative days in the shop during the window. | Repair visits totaling 33 days |
Any defect that substantially impairs use, value, or safety can qualify, and California's presumption is only the floor — a claim can still succeed outside the 18/18 window on the general reasonable-attempts standard. In California claims we see these most.
Collect every repair order, the purchase or lease agreement, and the warranty booklet. In a California claim the repair orders carry the case, and they also help prove the willfulness that unlocks the civil penalty. Read each order before you leave the dealer.
We review the history and tell you honestly whether you qualify, on which track, and whether the facts support a civil-penalty claim. If the record does not support a case, we say so.
We put the manufacturer on notice and demand a repurchase or replacement. California does not force you into a manufacturer's arbitration program, though using a certified one can affect the presumption — we advise on that.
We open negotiations with the manufacturer's counsel. Many California claims resolve here, and the threat of a civil penalty and fee-shifting is what moves them.
If the manufacturer will not deal fairly, we file suit under Song-Beverly — where the civil penalty and attorney's fees are on the table.
California gives you more than a buyback. Under Song-Beverly the choice of remedy is yours, and a willful refusal to comply opens the door to a penalty most drivers never claim.
California is our home jurisdiction and the core of our practice. We litigate Song-Beverly claims, not just settle them, and we build every file with the civil penalty in mind — because a manufacturer that knows you can prove willfulness negotiates differently.
We take these cases on the statute's fee-shifting provision, so you do not pay us out of pocket to bring the claim. Send us your repair orders and we will tell you what you have, and what it may be worth.
The information provided on this page is for general informational purposes only and does not constitute legal advice. Reading this content or contacting Rockpoint Law does not create an attorney-client relationship. Lemon law cases vary depending on the facts of each situation and applicable California state law (Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790 et seq.). For advice regarding your specific legal matter, please contact Rockpoint Law directly to schedule a consultation with a qualified attorney.
