California lemon law claim, step by step
- Gather your recordsContract, warranty booklet, owner’s manual and every repair order. The booklet tells you the notice address and whether the manufacturer has a certified arbitration program.
- Notify the manufacturer directlyWrite to the address in the booklet, describe the defect and repairs, and ask for a buyback or replacement. For the 2-repair and 4-repair tests this is required if the manufacturer disclosed it (§ 1793.22(b)(3)).
- Check whether the manufacturer opted in to AB 1755The Department of Consumer Affairs publishes the list. Opted-in manufacturers must post a lemon law notice address on their website, owner’s manual and warranty booklet.
- File with the certified arbitration programFree to consumers. If the manufacturer told you about the program in writing, you must use it before relying on the presumption in court (§ 1793.22(c)).
- Accept or reject the decisionIf you accept, the manufacturer generally has 30 days to comply. If you reject it, you can still sue.
- Send a pre-suit notice if requiredFor opted-in manufacturers, a written demand at least 30 days before suing for civil penalties. The manufacturer has 30 days to offer and 60 days to complete a buyback or replacement.
- File in courtThe presumption can be used in any civil action, including small claims (§ 1793.22(b)). A buyer who wins recovers attorney fees and costs (§ 1794(d)).
California certified arbitration: what to expect
| Cost | Free to the consumer |
|---|---|
| Decision | Generally within 40 days of filing |
| Possible outcomes | Repurchase, replacement, repair, or claim denied. You may choose repurchase over replacement |
| Binding? | The manufacturer is bound if you accept; you can reject and go to court |
| Compliance | Generally within 30 days of your acceptance |
| Help line | (800) 952-5210 |
If the manufacturer has no certified program, the DCA points owners to the New Motor Vehicle Board for mediation help, or to an attorney.
How long do you have?
It depends on the manufacturer. Read our California lemon law deadline guide for the AB 1755 one-year rule and the six-year outer limit.
Frequently asked questions
Do I need a lawyer to file a lemon law claim in California?
Not for certified arbitration, which is free and designed for consumers. For a lawsuit, most owners use an attorney. The manufacturer pays the attorney fees and costs of a buyer who wins (§ 1794(d)).
Is arbitration required for the California lemon law?
If the manufacturer runs a state-certified program and told you about it in writing, you must use it before relying on the presumption in court. You can reject the decision and still sue.
Can I use small claims court for a California lemon law claim?
Yes. Civil Code § 1793.22(b) lets a buyer assert the presumption in any civil action, including small claims court. Small claims has a dollar limit, so many buyback claims are filed in superior court instead.
Sources
Checked on October 10, 2026. Read how we verify every rule in our editorial policy.