What AB 1755 and SB 26 changed for California lemon law claims

Two laws, one new process

Assembly Bill 1755 was signed on September 29, 2024, and took effect on January 1, 2025. It added a new chapter to the Code of Civil Procedure for lawsuits asking a manufacturer to buy back or replace a vehicle.

Senate Bill 26, signed on April 2, 2025, made those procedures apply only to manufacturers that choose them, and set July 1, 2025, as the start date for the written notice step. Our post on which carmakers opted in lists them.

A filing deadline tied to the warranty

For covered claims, a lawsuit must be filed within one year after the applicable express warranty expires, and no later than six years after the vehicle was first delivered. The clock pauses while the vehicle is out of service for repairs and for up to 60 days after a pre-suit notice is sent.

Written notice before asking for civil penalties

To seek civil penalties, the consumer must send the manufacturer written notice at least 30 days before filing. The notice gives the owner’s name, the VIN and a short repair history, and asks the manufacturer to repurchase or replace the vehicle. It goes to the email address the manufacturer lists for this purpose, or by certified or registered mail to the address in the owner’s manual or warranty booklet.

• The owner must still have the vehicle when the notice is sent.
• If the manufacturer offers a buyback or replacement within 30 days and completes it within 60 days, civil penalties are not available.
• A disagreement about attorney’s fees before a lawsuit goes to neutral, binding arbitration.
• A lawsuit can still be filed without the notice, but then civil penalties can’t be requested.

After a lawsuit is filed

• Both sides exchange key documents within 60 days after the manufacturer answers.
• Short depositions of the owner and the manufacturer may take place within 120 days.
• A mediation must be scheduled to happen within 150 days after the answer.

Changes to the buyback amount

In covered cases, the manufacturer may subtract certain products bought from third parties, such as outside service contracts or GAP coverage, and any negative equity rolled into the purchase. Items sold by the dealer itself are treated differently. How this applies depends on your purchase documents.

What stayed the same

The core rule did not change: if a manufacturer or its repair facilities can’t fix a warranty defect after a reasonable number of attempts, a qualifying vehicle may be bought back or replaced. For manufacturers that did not opt in, the older procedures still apply.