California Lemon Law 2026: AB 1755, SB 26 & Automaker Opt-Ins

The California Lemon Law in 2026 follows two procedural tracks under AB 1755 and SB 26, both effective in 2025. For manufacturers that elected into Code of Civil Procedure (CCP) sections 871.20–871.30 for the vehicle’s sale year, special lawsuit deadlines, a pre-suit notice requirement for civil penalties, and 30/60-day response rules may apply. Other manufacturers remain under the traditional Song-Beverly procedures. The choice of track can affect when and how you pursue a buyback, replacement, or civil penalties—not whether a serious warranty defect deserves an early case review.

How AB 1755 and SB 26 changed California Lemon Law

Assembly Bill 1755 was signed September 29, 2024, and took effect January 1, 2025. It added Chapter 12 (CCP §§ 871.20–871.28), introducing a shorter filing deadline, a pre-suit notice for claims seeking civil penalties, early document disclosures and depositions, mandatory mediation, a standardized settlement release, and a $50-per-day penalty for qualifying late buyback payments.

AB 1755 initially applied broadly. The Governor’s signing message anticipated a follow-up bill making the procedures elective. Senate Bill 26, signed and effective April 2, 2025, added §§ 871.29 and 871.30, limiting Chapter 12 to manufacturers that elect to use it. The pre-suit notice provision became operative July 1, 2025. The California Department of Consumer Affairs (DCA) explains the changes.

If you are dealing with a serious or recurring warranty defect, request a California lemon law case review early. A review can help identify the applicable election, notice requirements, and filing deadline before you make decisions about the vehicle.

Which automakers opted in?

Under § 871.30, manufacturers could elect the new procedures for vehicles sold in 2025 and earlier within 30 days of SB 26 taking effect. Under § 871.29, a separate election made by October 31 of the preceding year covers vehicles sold during five consecutive calendar years and cannot be revoked during that period. DCA must publish its list for the following year by December 15.

The following passenger-vehicle manufacturers appeared on the DCA opt-in roster reviewed for this article on October 5, 2026. Dates below are the election dates reported in that snapshot; an entry alone does not establish that the election covers every vehicle sale year:

• General Motors LLC (April 23, 2025): Chevrolet, GMC, Cadillac, Buick.
• FCA US LLC / Stellantis (April 25, 2025): Jeep, Ram, Chrysler, Dodge, Fiat, Alfa Romeo.
• Ford Motor Company (April 25, 2025): Ford, Lincoln.
• Hyundai Motor America (April 28, 2025): Hyundai.
• Genesis Motor America (April 28, 2025): Genesis.
• Nissan North America (April 28, 2025): Nissan.
• Infiniti USA (April 28, 2025): Infiniti.
• Subaru of America (April 29, 2025): Subaru.
• Isuzu (April 29, 2025): Isuzu.
• Jaguar Land Rover North America (April 30, 2025): Jaguar, Land Rover.
• Maserati North America (April 30, 2025): Maserati.
• Mercedes-Benz USA (April 30, 2025): Mercedes-Benz.
• INEOS Automotive Americas (April 30, 2025): INEOS Grenadier.
• Kia America (May 1, 2025): Kia.
• Mitsubishi Motors North America (May 2, 2025): Mitsubishi.
• VinFast Auto (May 2, 2025): VinFast.
• Lotus Cars USA (May 13, 2025): Lotus.

As of the October 5 snapshot, Toyota/Lexus, Honda/Acura, BMW/MINI, Volkswagen/Audi/Porsche, Tesla, Rivian, Lucid, Volvo, and Mazda were not listed. The roster also included RV, travel-trailer, and powersports manufacturers such as Polaris, Indian Motorcycle, Airstream, Winnebago, Thor, Forest River, and Jayco. The DCA manufacturer opt-in list is the reference point, but confirm the election covers your vehicle’s sale year. At a new-vehicle sale, § 871.29 also requires the manufacturer to identify which procedures govern the vehicle; check your paperwork.

Track 1: Manufacturers that opted in (CCP §§ 871.20–871.28)

Step 1 — Written pre-suit notice (§ 871.24). To seek civil penalties under Civil Code § 1794(c), a consumer generally must notify the manufacturer at least 30 days before filing suit. The notice must identify the consumer and accurate VIN, briefly describe repair history and defects, and demand repurchase or replacement. Send it by email to the specific address the manufacturer displays for this purpose, or by certified or registered mail, return receipt requested, to the address in the owner’s manual or warranty booklet. Minor notice deviations do not automatically disqualify a claim.

The consumer must possess the vehicle when the notice is sent and retain it for at least 30 days after the manufacturer receives notice. If the manufacturer timely offers repurchase or replacement, the retention period extends to 60 days after receipt. Special conditions govern any later sale and preservation of civil penalties. An action for repurchase or replacement may be filed without this notice, but § 871.24(h) then bars civil penalties in that action and requires possession when the complaint is filed. Ask for a case review before sending notice, trading in the vehicle, or selecting a lawsuit strategy. See CCP § 871.24.

Step 2 — The 30/60-day response window. If the manufacturer offers the prescribed repurchase or replacement plus reasonable attorney’s fees and costs, if represented, within 30 days after receiving notice and completes the remedy within 60 days after receipt, the specified civil penalties are unavailable. Prelitigation attorney-fee disputes go to neutral, binding arbitration, and consumers must cooperate in good faith with reasonable documentation requests. If the manufacturer fails to comply, civil penalties may remain available, depending on the claim and evidence.

Step 3 — Filing deadline (§ 871.21). A covered action generally must be filed within one year after the applicable manufacturer express warranty expires, and no later than six years after original delivery, subject to statutory tolling. Tolling includes time out of service for covered repairs, applicable Tanner provisions, and up to 60 days following qualifying pre-suit notice. The relevant warranty must be evaluated for the specific defect; do not assume a service contract or unrelated extended coverage resets the deadline. Earlier purchases may also raise questions about retroactive application of the shortened period. Have the dates reviewed promptly.

Step 4 — Early disclosures and depositions (§ 871.26). Within 60 days after the answer or other responsive pleading, the parties exchange specified purchase, warranty, repair, and communication records. Initial depositions, ordinarily limited to two hours, may be taken within 120 days. Other discovery is generally stayed until mediation concludes.

Step 5 — Mandatory mediation (§ 871.26). The parties must schedule mediation within 90 days after the responsive pleading, to occur within 150 days. The consumer and a manufacturer representative with settlement authority must attend, in person or remotely. Noncompliance without good cause can trigger attorney sanctions of $1,500 for plaintiff’s counsel or $2,500 for defense counsel. Repeated violations can bring dismissal without prejudice or evidentiary sanctions. This section does not apply to unrepresented parties.

Step 6 — Settlement and payment (§§ 871.25, 871.27). The chapter provides a standardized settlement release. Once a qualifying signed release is received, a repurchase or replacement generally must be completed within 30 days; failure may trigger $50 per day, subject to statutory conditions and any agreed variation. Section 871.27 addresses amounts recoverable for dealer-supplied options, service contracts, extended warranties, debt-cancellation agreements, and GAP products, while allowing offsets for specified third-party products and negative equity rolled into a purchase.

Track 2: If the manufacturer did not opt in

For a vehicle and claim outside Chapter 12, the existing Song-Beverly procedures continue:

• Pre-suit notice: No § 871.24 notice requirement for civil penalties, although notice may matter under the separate Civil Code § 1794(e) penalty provision.
• Filing deadline: Generally four years from discovery of breach under Commercial Code § 2725 and Krieger v. Nick Alexander Imports, Inc. (1991) 234 Cal.App.3d 205; accrual and tolling are fact-specific.
• Litigation: Ordinary civil discovery applies, without the Chapter 12 mediation schedule.
• Potential remedies: Buyback or replacement, possible civil penalties for willful violations, and recoverable attorney’s fees and costs when statutory requirements are met.

What did not change?

California’s substantive lemon law rights still focus on warranty nonconformities substantially impairing a vehicle’s use, value, or safety that remain uncorrected after a reasonable opportunity to repair (Civil Code §§ 1793.2(d)(2), 1793.22). The Tanner presumption still applies to qualifying problems within 18 months or 18,000 miles: generally two or more repair attempts for a nonconformity likely to cause death or serious bodily injury, four or more attempts for the same other nonconformity, or more than 30 cumulative days out of service, subject to other statutory conditions. Those thresholds are not universal minimums for seeking legal advice. Even one serious safety event can justify reviewing the warranty and repair record, although it does not automatically establish a lemon law claim.

The statutory mileage/use deduction is generally calculated as the actual price paid or payable multiplied by miles traveled before the first repair presentation for the defect, divided by 120,000. Repurchase, replacement, civil penalties, and fee recovery remain potential remedies, but the applicable track can change the procedure and whether penalties are recoverable.

Three mistakes to avoid in 2026

1. Sending notice only to a dealer or general support inbox. For opted-in manufacturers, use the manufacturer’s designated notice channel. A case review can help check the statutory content and delivery method.
2. Trading in after notice without checking retention rules. The applicable 30- or 60-day period and required disclosures on a permitted sale can affect civil penalties. Do not assume the car can be sold immediately.
3. Assuming every claim has four years to file. For a covered vehicle with a warranty expiring in 2025, the new one-year rule could make 2026 important. The actual deadline depends on the warranty covering the defect, tolling, sale year, and potentially retroactivity; get an individual assessment.

Frequently asked questions

Did California’s lemon law change in 2026?

The major enactments occurred in 2025: AB 1755 took effect January 1, SB 26 took effect April 2, and the special pre-suit notice provision became operative July 1. In 2026, the key question is whether the manufacturer made an election covering the year your vehicle was sold.

Do I have to send notice before filing a lemon law lawsuit?

For covered claims against opted-in manufacturers, notice is required to pursue civil penalties under § 1794(c). A repurchase or replacement action can proceed without that notice under § 871.24(h), but civil penalties cannot then be added to that action. Before filing or sending notice, consider a case review to preserve available options.

How long do I have to file?

For covered opted-in claims, § 871.21 provides a one-year period after expiration of the applicable express warranty and a six-year outside limit, with statutory tolling. Other claims commonly follow a four-year discovery-based rule. The actual deadline requires an individualized analysis.

Does AB 1755 apply to Toyota, Honda, or Tesla?

Those manufacturers did not appear in the DCA snapshot reviewed October 5, 2026. Check the current roster and the vehicle’s sale-year coverage rather than assuming a particular track applies.

Did the new law reduce what I can recover?

The underlying Song-Beverly remedies remain, but the new procedures can affect civil-penalty availability and restitution calculations. Section 871.27 addresses covered dealer additions and certain offsets. A review of the purchase contract and repair history helps identify the amounts potentially recoverable.

Is AB 1755 temporary?

Chapter 12 has no stated sunset date. Under § 871.29, ordinary manufacturer elections cover five consecutive vehicle-sale years and cannot be revoked within that period.

Get your California lemon law case reviewed

Gather repair orders, the sales or lease agreement, applicable warranty documents, and any manufacturer correspondence. If a defect affects safety, follow appropriate safety and repair guidance without delaying a legal review. You do not have to wait for another failure or manufacturer decision before asking which track and deadline may apply.

Request a California lemon law case review or call (888) 536-6628. A review can help assess notice obligations, filing dates, and potential remedies; no result is guaranteed.

This article provides general information, not legal advice. Manufacturer elections and filing rules should be checked for the vehicle and claim at issue.