The Song-Beverly Consumer Warranty Act — codified at California Civil Code §§ 1790–1795.8 — is the statute commonly known as the California Lemon Law. Enacted in 1970 and expanded by the Tanner Consumer Protection Act in 1982, Song-Beverly governs the rights of buyers and lessees of consumer goods sold in California with an express written warranty. Its motor-vehicle provisions (§ 1793.2 and § 1793.22) require manufacturers to repurchase, replace, or refund vehicles they cannot repair within a reasonable number of attempts, and § 1794 shifts attorney’s fees onto the manufacturer when the consumer prevails.
Origins and Legislative History
The Song-Beverly Consumer Warranty Act was authored by California State Senator Alfred Song and Assemblyman Robert Beverly and signed into law in 1970. It predates the federal Magnuson-Moss Warranty Act by five years and was, at the time, the most ambitious state consumer-warranty statute in the country.
In 1982 the Legislature passed the Tanner Consumer Protection Act, which added the rebuttable lemon presumption now codified at Civil Code § 1793.22. The Tanner amendments introduced the now-familiar criteria — four repair attempts, two attempts for serious safety defects, or 30 cumulative days out of service within 18 months / 18,000 miles. See the lemon law presumption for the full mechanics.
The statute has been amended multiple times since to extend coverage to leased vehicles (1791.1), used vehicles sold with manufacturer warranties, and small commercial vehicles under 10,000 lbs GVWR.
Scope: What Song-Beverly Covers
Song-Beverly is a consumer goods statute. It applies to any “consumer good” — defined in § 1791(a) — sold or leased in California with a manufacturer’s written warranty. While it covers appliances, electronics, and other durable goods, its specialized vehicle provisions are the heart of California Lemon Law practice.
Vehicle coverage includes:
- New motor vehicles purchased or leased primarily for personal, family, or household use
- Used motor vehicles sold with the manufacturer’s original written warranty still in effect
- Certified pre-owned vehicles covered by manufacturer-issued CPO warranties
- Leased vehicles under § 1793.22
- Motorcycles, RVs, and commercial trucks under 10,000 lb GVWR purchased by small businesses
- Electric vehicles, including software, battery, and ADAS defects
Key Statutory Sections
- § 1791 — Definitions
- Defines “consumer good,” “buyer,” “manufacturer,” “distributor,” “retailer,” and related terms. The definitions section determines who has standing and who is liable.
- § 1791.1 — Implied warranty of merchantability
- Codifies the implied warranty of merchantability for consumer goods sold in California. Cannot be waived for new goods sold at retail.
- § 1793.2 — Manufacturer’s repair obligations
- The core repair-and-replace provision. Requires manufacturers to maintain service facilities, replace or repurchase vehicles that cannot be repaired within a reasonable number of attempts, and provides for replacement and restitution remedies. The most-cited section in California lemon law litigation.
- § 1793.22 — Tanner Consumer Protection Act: lemon presumption
- The 1982 amendment that created the rebuttable lemon presumption. Sets the four-attempt / two-attempt / 30-day thresholds within 18 months or 18,000 miles. Full explanation →
- § 1794 — Remedies for buyer
- The remedies and fee-shifting section.
- § 1794(a) — buyer may recover damages for breach
- § 1794(c) — civil penalty up to two times actual damages for willful violations
- § 1794(d) — attorney’s fees and costs to prevailing buyer
- § 1795.4 — Vehicle leases
- Extends statute to leased vehicles; defines “lessee” and remedies available.
- § 1795.5 — Used motor vehicles
- Applies Song-Beverly to used vehicles sold with manufacturer or dealer written warranty.
Why Song-Beverly Is the Strongest State Lemon Law
Three features make Song-Beverly the strongest consumer-warranty statute in the United States:
- Fee-shifting under § 1794(d). The manufacturer pays the prevailing consumer’s attorney’s fees. Most states do not have this; the few that do cap fees or condition them on prior offers. California’s fee-shifting is unconditional, which is why competent representation is available to every California consumer.
- Civil penalty under § 1794(c). Doubles damages for willful violations. The threat of doubled exposure dramatically reduces a manufacturer’s incentive to stonewall.
- Broad coverage of used and leased vehicles. Many state lemon laws cover only new vehicles within tight mileage limits. Song-Beverly extends to any vehicle still under the original manufacturer’s warranty, including used purchases and lease takeovers.
Song-Beverly Compared to Federal Magnuson-Moss
The federal Magnuson-Moss Warranty Act overlaps with Song-Beverly but is generally weaker for California consumers. Experienced California lemon law attorneys plead both because Magnuson-Moss provides federal jurisdiction as an alternative venue and incorporates state implied-warranty law for written-warranty cases. Where Song-Beverly applies, it is almost always the dominant claim.
How Song-Beverly Claims Are Filed
The claim mechanics are explained in the dedicated process pages:
Free Song-Beverly Case Review
A McMillan Law Group attorney will tell you whether your facts support a Song-Beverly claim. Free, statewide, no fee unless we win.
Frequently Asked Questions
What is the Song-Beverly Consumer Warranty Act?
It is California’s consumer-warranty statute, codified at Civil Code §§ 1790–1795.8, and the formal name for the California Lemon Law. It governs the rights of buyers and lessees of consumer goods — including motor vehicles — sold with a manufacturer’s written warranty.
When was Song-Beverly enacted?
1970, authored by Senator Alfred Song and Assemblyman Robert Beverly. Substantially expanded by the Tanner Consumer Protection Act in 1982, which added the rebuttable lemon presumption.
What does Song-Beverly cover beyond cars?
All consumer goods sold in California with an express written warranty — appliances, electronics, durable goods. The motor-vehicle provisions (§§ 1793.2 and 1793.22) are the most-litigated.
Can a manufacturer disclaim Song-Beverly?
No. The Act’s protections cannot be waived by contract for new consumer goods sold at retail. Manufacturer attempts to disclaim implied warranties are limited and tightly regulated under § 1792.