Two sets of time limits
| Manufacturer | Time limit | Source |
|---|---|---|
| Opted in to AB 1755 | 1 year after the express warranty expires; never more than 6 years after original delivery | CCP § 871.21(a), (b) |
| Did not opt in | Courts have generally applied a 4-year limit | Song-Beverly Act case law |
Find out which applies on the Department of Consumer Affairs AB 1755 page, which publishes the list of manufacturers that opted in.
Time that is added (tolling)
Under § 871.21(c), both the 1-year and the 6-year periods pause:
- while the vehicle is out of service for repair of a nonconformity;
- for up to 60 days after you give the manufacturer a pre-suit notice under § 871.24;
- as provided in Civil Code § 1793.22(c), for the time a certified arbitration case is pending.
Worked examples
| Warranty that applies to the defect | Warranty ends | 1-year deadline | 6-year cap |
|---|---|---|---|
| 3 years / 36,000 miles, 10,000 mi a year | Mar 15, 2028 | Mar 15, 2029 | Mar 15, 2031 |
| 3 years / 36,000 miles, 24,000 mi a year | About Sep 15, 2026 (36,000 mi) | About Sep 15, 2027 | Mar 15, 2031 |
| 5 years / 60,000 miles powertrain, 10,000 mi a year | Mar 15, 2030 | Mar 15, 2031 | Mar 15, 2031 |
The earlier of the two dates applies, then repair days and other tolling are added. Our deadline finder calculates the earliest possible date from your warranty term, and you can test a California claim with your own dates.
Frequently asked questions
How long do you have to file a lemon law claim in California?
If your manufacturer opted in to AB 1755, within 1 year after the express warranty ends and no later than 6 years after delivery, plus tolling. For other manufacturers, courts have generally applied 4 years.
Does the 18-month rule limit how long I can sue in California?
No. The 18 months or 18,000 miles is the window for the legal presumption. The time to sue is set separately, as described above.
How do I know if my manufacturer opted in to AB 1755?
The California Department of Consumer Affairs’ Arbitration Certification Program publishes the list and updates it as manufacturers elect. Each election lasts five years.
Sources
Checked on October 10, 2026. Read how we verify every rule in our editorial policy.