Is My Car a Lemon Under California Law?

The Three-Question Self-Check

1. Was your vehicle covered by a manufacturer’s written warranty when the problem started? New vehicle warranty, CPO warranty, leased vehicle warranty, used vehicle with remaining factory warranty — all qualify.
2. Does the defect substantially impair use, value, or safety? Stalling, transmission slipping, electrical issues, ADAS failures all qualify. Cosmetic or trivial issues generally do not.
3. Have you given the manufacturer a reasonable number of repair attempts? Four for the same defect, two for safety, or 30 days out of service hits the presumption — but even fewer can qualify outside the presumption.

If you answer “yes” to all three, you likely have a California lemon law claim.

The Tanner Presumption Thresholds

• Four or more repair attempts for the same defect (within 18 months / 18,000 miles)
• Two or more attempts for a defect “likely to cause death or serious injury”
• 30 or more cumulative days out of service for warranty repair

Full mechanics: the lemon law presumption explained.

“Substantially Impairs Use, Value, or Safety”

California courts read this standard broadly:

• Use: The vehicle cannot perform the ordinary function of reliable transportation (stalling, no-start, transmission failure).
• Value: The vehicle is materially worth less than a working version (documented repeat repairs reduce resale value).
• Safety: The vehicle creates risk of injury (brake failure, airbag failure, ADAS errors).

You only need to satisfy one of these three. Most qualifying defects satisfy two or three.

Defects That Often Qualify

• Engine — stalling, oil consumption, premature failure
• Transmission — shudder, slipping, hard shifts
• Electrical — parasitic drain, module failures
• Brakes — pulsation, AEB false activation
• Safety systems — airbag, ADAS, lane-keeping
• Infotainment & software — freezes, OTA regressions