Expert Lemon Law Lawyers in California (San Diego)
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Having always been an auto enthusiast, seeking work in the space of California Lemon Law was a natural transition for Mr. Julian McMillan. His experience, hands-on approach, and deep expertise in this practice have allowed him to establish contacts with major law firms who represent the manufacturers as well as contacts at local dealerships.
Where other firms seek to draw out litigation to increase their fee awards, Mr. McMillan understands that your need for a replacement vehicle is urgent and thus seeks early resolution. All of our Lemon Law Cases are filed in Federal District Court under both the California Beverly Song Act, and the Federal Magnusson Moss Act.
At its core, every lemon law claim is a breach of warranty dispute: when a manufacturer cannot repair a defective vehicle within a reasonable number of attempts, that breach entitles you to a refund or a replacement vehicle. Our firm’s expertise is in resolving that dispute with the manufacturer quickly — through negotiation or arbitration where possible, and through litigation when a manufacturer refuses a fair settlement.
Table of Contents
- What is the Automobile Lemon Law in California?
- Is your vehicle protected under this law?
- How Does the Lemon Law Work for Cars?
- When to Hire a Lemon Lawyer in California?
- 5 Things To Ask Your Lemon Law Lawyer
- Vehicles & Defects Covered by the California Lemon Law
- Your Rights as a California Consumer
- What You Can Recover Under the California Lemon Law
- How a Cash-and-Keep Lemon Law Settlement Works
- What Does a California Lemon Law Attorney Cost?
- Is a California Lemon Law Settlement Taxable?
- The Song-Beverly Act: California’s Lemon Law Statute
- California Lemon Law Claims by Vehicle Make
- California Lemon Law Service Areas
- Meet Your California Lemon Law Attorney
- What Our California Lemon Law Clients Say
The California Lemon law in essence provides as follows:
If a consumer purchases a new or warranted (Certified Pre-Owned Vehicle), and said vehicle has an issue:
The manufacturer and their authorized dealer are allowed two attempts to remedy the issue. If they are unable to, you have a lemon.
As well, if the vehicle is out of service for 30 days or more, regardless whether or not it is a repeated issue, you have a lemon.
In either case, the consumer has two remedies:
- A replacement vehicle from the manufacturer under the same terms, or
- A refund of all sums paid (less a mileage deduction), payoff of any existing liens.
In either case, the law provides for reasonable attorney’s fees to be paid by the manufacturer. This means you pay nothing.
All of the firm’s Lemon Law Cases are filed in Federal District Court under the California Song Beverly Act and the Federal Magnusson Moss Act. Filing in Federal Court forces an Early Neutral Evaluation by a Federal Magistrate Judge. Such fosters early resolution.
Mr. McMillan’s approach to litigation is that of civil cooperation
Such means that he is often already on a first name basis with opposing counsel and local car dealerships. This results in expedient resolution of your claims, and Mr. McMillan is often able to reach out to contacts at dealerships to get you the best deal on the replacement vehicle.
An Impeccable Reputation
Mr. McMillan feels that his online reviews for his work in this space as a reputed lemon law attorneys speak for themselves. While the majority of the clients who hire the McMillan Law Group are referrals from past clients, the firm welcomes those who found him independently on the internet.
The firm will handle no more than three such cases per month
In order to provide the personal attention that Mr. McMillan prefers, this is the maximum number of Lemon Law cases the firm will accept.
Lemon Law Attorney Consultations are free. Call +1 619-795-9430 to calendar an appointment to speak with lemon law attorney San Diego to get advice on your rights and a free case evaluation.
What is the Automobile Lemon Law in California?
The Automobile Lemon Law in California is a law that allows consumers to get their vehicles fixed or replaced with new ones if they experience major problems with them within the first 12,000 miles. Additionally, the law provides for a waiver of some fees if the car has been used for business purposes.
Customers who have unknowingly purchased a defective vehicle are entitled to a refund or a replacement vehicle from the auto manufacturer.
Is your vehicle protected under this law?
What defines a lemon? Your car may be a lemon if it meets the following criteria:
- You purchased or leased a new car or used car from a dealer in California.
- The dealer has made multiple attempts to repair the car, but the problem persists.
- During the factory warranty’s duration, you brought the car to the dealership several times for the same problem.
- The problem has become so significant that it impacts vehicles’ use, value, or safety.
How Does the Lemon Law Work for Cars?
When you identify all the facets involved with the Lemon law, then you’ll have a complete understanding of the regulations surrounding them. Nevertheless, once you know the general requirements by which you can find a lemon car, you will have to work to clarify the legal terminology.
Below are a few of the conditions that will cause a car to be considered a lemon.
The owner takes a car with a defect to a repair shop, and the mechanic fails to repair the defect after three attempts. In other words, if the owner of a damaged vehicle has taken it to a repair shop. Should the dealer fail to respond to the complaint after three attempts, the lemon may be worth reconsidering.
The second guideline states that if an automobile has not been getting repair work for more than thirty days, then it can officially be regarded as a lemon – and it’s time to talk to a lemon law attorney.
When you can properly and lawfully determine whether a used or new car is a lemon, this means the dealer must give you your money back for the automobile. For that to occur, you will likely need to bring a lemon law case with the help of a lawyer.
However, any car that is covered by the manufacturer’s warranty is exempt from the requirements of the Lemon law.
When to Hire a Lemon Lawyer in California?
When you are considering whether to hire representation service from a lemon law lawyer in California, it’s important to understand the different types of lemon law claims that can be made for settlements. Additionally, it’s important to know when a lemon law claim is likely to succeed, and when it may be more difficult to win a class-action lawsuit. With these factors in mind, you can make an informed decision about whether to consult a lemon law lawyer and also if you need arbitration.
Vehicle manufacturers have sizable law teams dedicated to reducing litigation expenses as much as they can. If you have a faulty automobile, truck, or SUV, they are able to offer you a settlement or buy-back offer that is not cognizant of the difficulties you have had to go through getting it repaired.
It’s time to talk to a Lemon Lawyer
If you have made multiple attempts at getting repairs for the same issue, it might be a good idea to talk to a lemon law lawyer in California who can help you determine what documentation you will need for your repairs as well as any receipts.
5 Things To Ask Your Lemon Law Lawyer
A lemon law lawyer can be an asset if you have purchased a car that turns out to be a lemon. Lemon is a car that has serious defects that are not repaired by the manufacturer after a reasonable number of attempts. Many states have their own lemon laws, so it is important to find a lemon law lawyer.
It isn’t always simple to find the right lemon law attorney for your vehicle’s defect. Although many lawyers advertise lemon law, not all have real experience litigating breach-of-warranty claims against vehicle manufacturers. You will need to determine whether your lemon law attorney is right for your situation, your defect, and your manufacturer. Ask about the attorney’s lemon law experience, their settlement record against manufacturers, and whether they have the qualifications to take your warranty claim to court.
If you want to make a valid lemon law claim, it’s crucial to speak with a lemon law attorney in the area in which you live.
Here are five things that you should ask your lemon law lawyer:
What Experience Do You Have?
Lawyers’ previous experience and subject-matter expertise enable them to go about solving legal problems with effective techniques. The higher the degree of specialization and lemon law expertise that the attorney has, the better they are able to discuss your particular case and the manufacturer’s breach of warranty. A perfect attorney with much experience is the best way to handle such a challenge.
Make sure you only hire a lemon law attorney who is qualified to litigate warranty disputes against vehicle manufacturers. To gauge a reliable lemon law lawyer, review their past lemon law cases and settlements to see how experienced they are with claims like yours. Look, too, at how many years they have spent enforcing the Song-Beverly Act and recovering refunds and replacement vehicles for consumers.
What is Your Approach to Resolving a Case?
As a rule, it is costly and complex to resolve a lemon law dispute through a lengthy court process. The approach most lemon law attorneys prefer is to resolve a client’s warranty claim efficiently, pressing the manufacturer for a refund or replacement before trial. The best lemon law attorneys advocate aggressively yet stay fully prepared for litigation. Select an attorney who uses a mediation process or arbitration with the manufacturer when possible.
Most lemon law disputes are resolved through negotiation, arbitration, or a settlement with the manufacturer before trial. Our approach pairs that efficiency with the litigation expertise to take a warranty dispute to court when a manufacturer refuses a fair refund or replacement, so the resolution always serves the consumer rather than the manufacturer.
Do You Work Individually or as a Team?
Depending on the complexity of your lemon law claim, it can be challenging to choose an attorney who is proficient against vehicle manufacturers. Strong lemon law firms generally work as a team, pairing attorneys with specialists in vehicle defects and warranty law.
Examine your prospective lemon law attorney’s practice to learn whether they handle your claim alone or with the help of other professionals. A team improves your chances of resolving the warranty dispute and recovering a refund or replacement to your satisfaction. A lemon law firm’s team can also pursue your manufacturer claim cost-effectively, since the specialists working alongside the same attorney keep expenses down for the client.
How much will it cost me?
Lemon law attorneys set diverse fees for their representation. Some resolve a warranty claim quickly and at low cost, while others are more costly for most clients.
Because lemon law attorneys’ fees are highly variable, confirm the total cost of representation before hiring. Under the Song-Beverly Act, however, a prevailing consumer’s attorney fees are paid by the manufacturer, so a strong lemon law claim need not strain your budget.
At McMillan Law Group, the manufacturer pays your attorney’s fees under California law, so our representation is at no out-of-pocket cost to you. You can even estimate your potential refund before you call.
How Long Will it Take to Resolve the Case?
It is hard to predict the timeline of a lemon law claim that proceeds to a civil trial. Experienced lemon law attorneys can estimate how long your warranty dispute will take to resolve, whether the manufacturer settles early or the case proceeds in court. A realistic timeline lets you plan around the refund or replacement vehicle you are owed.
Some ways to ensure a faster turnaround for your case include the following:
- Keep accurate repair records.
- File a Lemon law claim as soon as possible following three failed repair attempts for a non-safety-related defect, or following one unsuccessful repair of a safety defect, and after providing written notice to the manufacturer. Written notice means writing a letter to the manufacturer, not an email.
- Hire an experienced Lemon Law attorney.
Sometimes these questions reveal the most about your lemon law attorney and the firm — how they handle manufacturers, warranty disputes, and settlements. They also show how useful the attorney’s guidance will be toward resolving your defective-vehicle claim.
To summarize, if a defective vehicle and a manufacturer’s breach of the warranty contract have left you with a lemon, meeting with an attorney specializing in lemon law is highly recommended. A lemon law attorney can help you understand your legal options, your Song-Beverly remedies, and how to protect your interests.
Vehicles & Defects Covered by the California Lemon Law
California’s lemon law protects consumers who buy or lease defective vehicles of almost every kind. If your vehicle has spent weeks in the shop for the same problem, an experienced California lemon law lawyer can review whether it qualifies — at no cost.
Vehicles That Qualify
The law covers new and used cars, trucks, SUVs, vans, leased vehicles, motorcycles, and RVs and motorhomes, as long as the defect appeared while the manufacturer’s warranty was in effect. Consumers across Los Angeles, Orange County, San Diego, the San Francisco Bay Area, and Sacramento rely on us to hold manufacturers accountable for these vehicles.
Common Defects We See
Recurring defects and problems that often make a vehicle a lemon include engine and transmission failures, electrical and software glitches, and brake or safety-system problems the dealer cannot repair after a reasonable number of attempts:
- Engine and transmission problems
- Electrical and infotainment software defects
- Brake, steering, and suspension issues
- Safety-system and warning-light defects
- Persistent problems requiring repeated repairs
Your Rights as a California Consumer
Under the Song-Beverly Consumer Warranty Act, California consumers have some of the strongest protections in the country. When a manufacturer cannot repair a defective vehicle within a reasonable number of attempts, that failure is a breach of the manufacturer’s warranty, and the law gives you the right to real compensation — not an endless cycle of repairs.
Consumer Protection Under the Song-Beverly Act
The Act requires manufacturers to stand behind their warranties. When a manufacturer fails, that breach of warranty gives you the right to legal representation and the expertise to enforce your consumer rights and to recover the value of your vehicle. Our lemon law firm enforces those consumer rights statewide — from Los Angeles and Orange County to Sacramento and San Francisco.
Compensation & Results
Depending on your case, compensation can include a buyback, a replacement vehicle, or a cash settlement, plus a civil penalty when the manufacturer’s conduct is willful. We focus on results that reflect the full value of your claim, and the manufacturer pays your attorney’s fees — so strong representation costs you nothing.
What You Can Recover Under the California Lemon Law
If your vehicle qualifies as a lemon under California’s Song-Beverly Consumer Warranty Act, you may be entitled to significant compensation. Where the manufacturer’s breach of warranty is willful, the Song-Beverly Act can add a civil penalty of up to two times your damages. The remedy you pursue depends on your situation, and an experienced California lemon law lawyer can help you secure the best possible outcome:
- Manufacturer buyback (repurchase) — a refund of your down payment, monthly payments, and the loan balance, plus incidental costs such as taxes, registration, towing, and rental cars (less a small statutory mileage offset).
- Replacement vehicle — a comparable new vehicle of the same make and model, with the manufacturer covering the official fees.
- Cash-and-keep settlement — cash compensation while you keep your vehicle.
- Civil penalty up to two times your damages — awarded when a manufacturer willfully fails to honor its warranty obligations.
- Your attorney’s fees paid by the manufacturer — under California Civil Code § 1794(d), the manufacturer pays your legal fees and costs, so experienced representation costs you nothing out of pocket.
How a Cash-and-Keep Lemon Law Settlement Works
A cash-and-keep settlement (also called “cash and keep”) lets you keep your vehicle while the manufacturer pays you a negotiated lump sum to compensate for the defect and the car’s diminished value. It’s a common resolution when the problem is real but you’d rather not give the vehicle back — for instance, when a defect has been repaired or is manageable, or you simply want to keep your car. There is no fixed formula: the amount turns on the severity and repair history of the defect, the number of repair attempts, the vehicle’s value, and the strength of your claim under the Song-Beverly Act. An experienced California lemon law attorney negotiates this figure on your behalf — and because the manufacturer pays your legal fees, pursuing the maximum settlement costs you nothing out of pocket.
What Does a California Lemon Law Attorney Cost?
For most California lemon law cases, hiring an attorney costs you nothing out of pocket. Under California Civil Code § 1794(d) — part of the Song-Beverly Act — a manufacturer that loses or settles a valid lemon law claim must pay the consumer’s reasonable attorney’s fees and costs, separately from and on top of your compensation. That fee-shifting rule is why reputable lemon law firms, including McMillan Law Group, take these cases on contingency: no upfront retainer, no hourly bills, and your recovery is not reduced by legal fees. If there is no recovery, you owe no attorney’s fees.
Is a California Lemon Law Settlement Taxable?
Whether your settlement is taxable depends on what the payment represents. Generally, the portion that refunds what you paid for the vehicle (a buyback or restitution) is treated as a return of your own money and is typically not taxable income, while other portions — such as a civil penalty or statutory interest — may be taxable.
This is general information, not tax advice. Tax treatment depends on your individual circumstances — confirm how any settlement affects you with a qualified tax professional or CPA.
The Song-Beverly Act: California’s Lemon Law Statute
California’s lemon law is formally the Song-Beverly Consumer Warranty Act (California Civil Code § 1790 and following). It requires a manufacturer that cannot repair a vehicle to conform to its warranty — that is, cure the nonconformity or defect — after a reasonable number of attempts, to either repurchase (buy back) or replace the vehicle. A manufacturer’s failure to cure that defectiveness is itself a breach of warranty that triggers your right to a remedy. The Act covers new and many used vehicles sold or leased in California with a manufacturer’s warranty, and it applies to cars, trucks, SUVs, and most other consumer vehicles.
How Long Does a California Lemon Law Claim Take?
Many claims resolve in roughly two to six months, though timelines vary with the manufacturer and the facts. Straightforward cases the manufacturer accepts can settle in a few months; cases that require litigation take longer. California law also gives you a limited window to file — generally four years from when you knew or should have known of the defect — so acting promptly protects both your documentation and your rights.
California Lemon Law Claims by Vehicle Make
The California lemon law applies no matter who built your vehicle. McMillan Law Group handles claims involving every major automaker — including Chevrolet, GMC, Ford, Ram, Dodge, Jeep, Chrysler, Cadillac, Buick, Toyota, Honda, Nissan, Hyundai, Kia, Subaru, BMW, Mercedes-Benz, Audi, Volkswagen, and Tesla. Whether the problem is a faulty transmission, engine, electrical system, or a persistent safety defect, if the manufacturer can’t fix it after a reasonable number of attempts, you may have a claim — whatever the brand.
California Lemon Law Service Areas
McMillan Law Group represents lemon vehicle owners throughout California — from the coast to the Central Valley. Wherever in the state you bought or leased your vehicle, we can help. Choose your region:
We also serve drivers in Pasadena, Glendale, Burbank, Long Beach, Anaheim, Santa Clarita, Bakersfield, Fresno, Stockton, Visalia, Palm Springs, Roseville, and communities across California.
Book Your Free Case Evaluation
Meet Your California Lemon Law Attorney
Julian McMillan · Founding Attorney, McMillan Law Group
When you contact McMillan Law Group, you speak directly with Julian McMillan — an experienced lemon law attorney with a proven track record against major manufacturers. Named a Thomson Reuters “Super Lawyer” thirteen times (2014–2026), Julian has represented California consumers and businesses for 13 years, guiding clients through the Song-Beverly Act process to secure buybacks, replacements, and cash settlements.
- Thomson Reuters Super Lawyer · 2014–2026
- National Trial Lawyers Top 100
- San Diego Magazine Top Attorneys
What Our California Lemon Law Clients Say
Real client testimonials and Google reviews from McMillan Law Group clients
I can’t express enough how grateful I am for the exceptional legal assistance I received from Julian in handling my lemon law case. After purchasing a brand-new Ford F-150 that turned out to be riddled with mechanical issues, I was feeling frustrated, overwhelmed, and unsure of my options. That’s when I reached out to Julian, and from the very first consultation, I knew I was in great hands…
I would highly recommend McMillan Law Group for any Lemon Case. I recently settled my case and was extremely satisfied with my outcome. Julian is very responsive and settled my case sooner than I expected. I am very grateful for his assistance. I will recommend anyone to McMillan Law Group!!
Julian was amazing! Super quick on communication! The dealership who my case was through missed 2 deadlines and a court appearance but Julian stayed on top of them and got us our settlement and even countered and got us more cash in the end! Can’t go wrong with Julian!
Julian McMillan is an excellent attorney. My 2011 Mini Cooper Countryman was still under warranty when I discovered an issue with the fuel line that Mini couldn’t correct after 3 visits. Mr. McMillan understood the law in relation to my issue and dealt with the manufacturer on my behalf. He arranged for BMW (the manufacturer of Mini) to buy back my car based on the mileage on the car when I first discovered the issue…
Julian is the best in the business! He was very knowledgeable and kept me informed step by step in the process. My case was settled quickly and was very satisfied with the outcome! Thank you again McMillan Law Group!
Julian is attentive, thorough, and well versed in lemon law and what is necessary to advocate for resolution. He is a seasoned attorney in this area of law and expedites the process so it is seamless and moves forward as smoothly as possible in this adversarial situation. I was more than satisfied with my end result in that it was fair and reasonable. I would highly recommend Julian!
Dealing with a Lemon, which I never knew I had one until I made a call to Julian McMillan, he assured me many times my vehicle was a Lemon. From the very first consultation he was very knowledgeable empathetic and fiercely dedicated to getting me the justice I deserved. Julian is amazing…
Julian stood out when I was researching lemon law attorneys. On the phone, he was very kind, knowledgeable, and understanding of our frustrations with our vehicle. My wife and I highly recommend Julian McMillan because he genuinely does care. He asks questions and also empathizes with the situation…
I was referred to McMillan Law to see Julian. Seeing so many commercials and ads about other law groups I still decided to go with Julian based off of his attitude and responses in regards to the case. It was a very easy process. It went very smoothly and he was very communicative throughout the whole case…
Continue Reading: California Lemon Law Resources
- The California Lemon Law — Full Guide — Statute, remedies, qualifying defects, and the full claim process.
- The Lemon Law Presumption Explained — How the 4-attempt, 2-attempt safety, and 30-day rules work under Civil Code § 1793.22.
- How Lemon Law Buyback Is Calculated — Purchase price + collateral charges − mileage offset, with worked examples.
- Manufacturer-Specific Lemon Law — Pattern defects by brand: Tesla, Honda, Toyota, Ford, BMW, Hyundai, Kia, and more.
- Is My Car a Lemon? Self-Check — Three-question screen to see if you have a Song-Beverly claim.