US-CaliforniaHow many repair attempts trigger the Lemon Law presumption?
In California, the Lemon Law presumption is triggered after four repair attempts for the same defect or 30 cumulative business days out of service within the first 18 months or 18,000 miles.
What the Law Says
California’s Song-Beverly Consumer Warranty Act establishes a legal presumption that a vehicle is a 'lemon' if certain repair thresholds are met — shifting the burden to the manufacturer to prove otherwise.
The law presumes a new motor vehicle is a lemon if the manufacturer (or its authorized agents) has attempted to repair the same nonconformity four or more times, and the problem continues to exist.
Alternatively, the presumption applies if the vehicle has been out of service for repair of one or more nonconformities for a cumulative total of 30 or more business days during the 'express warranty period' or within the first 18 months or 18,000 miles after delivery — whichever occurs first.
For serious safety defects — those that could cause death or serious bodily injury — only one repair attempt is required to trigger the presumption, provided the consumer notified the manufacturer and the defect remains unresolved.
Statutory Textthe manufacturer or its authorized agent has attempted to repair the same nonconformity four or more times and the nonconformity continues to exist
— Civil Code § 1793.22(e)(1) — Presumption of nonconformity
Statutory Textthe vehicle has been out of service by reason of repair for a cumulative total of thirty or more business days
— Civil Code § 1793.22(e)(2) — Presumption of nonconformity
Statutory Textthe nonconformity is likely to cause death or serious bodily injury if the vehicle is driven and the manufacturer has not repaired the nonconformity after one attempt
— Civil Code § 1793.22(e)(3) — Presumption of nonconformity
What to Do
Keep detailed records of every repair visit: dates, mileage, descriptions of complaints, and written repair orders.
Notify the manufacturer in writing (certified mail) after the third repair attempt — this helps preserve your rights under the presumption.
If the fourth attempt fails (or 30 days pass), formally demand a refund or replacement in writing — the manufacturer then has 30 days to comply or offer arbitration.
If unresolved, file with California’s Department of Consumer Affairs Auto Repair Arbitration Program or pursue a lawsuit.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.