AB 1755 and California Code of Civil Procedure Section 871: What Lemon Law Consumers Need to Know

California's Lemon Law has long protected consumers who purchase or lease defective vehicles. In 2024, the California Legislature passed Assembly Bill 1755 (AB 1755), creating Code of Civil Procedure sections 871.20 through 871.30. These new statutes establish procedural rules for certain Lemon Law

1. A New Pre-Lawsuit Notice Procedure

   
   

   One of the most significant changes involves written notice to the manufacturer.

   
   

   If a consumer intends to pursue civil penalties for a manufacturer's willful violation of the Song-Beverly Consumer Warranty Act, the consumer generally must first provide written notice identifying the vehicle, summarizing the repair history, and demanding a repurchase or replacement. The manufacturer then has an opportunity to resolve the claim before litigation over civil penalties proceeds.

   
   

   Importantly, this does not mean that every Lemon Law lawsuit requires this notice. A consumer may still file an action seeking restitution or replacement without first sending the statutory notice. However, doing so generally limits the consumer's ability to seek civil penalties under the procedures established by Section 871.24.

   
   

2. Earlier Exchange of Information and Mandatory Mediation

   
   

   For manufacturers that elect to proceed under the new statutory framework, AB 1755 also creates an expedited litigation process.

   
   

   The law requires the parties to exchange key documents early in the case, participate in limited initial depositions, and schedule mediation shortly after the manufacturer files its response to the lawsuit. The goal is to encourage settlement before the parties incur the expense of extensive litigation.

   
   

3. Not Every Manufacturer Uses These Procedures

   
   

   Another important point is that these procedures are not automatically applicable to every manufacturer. Following Governor Newsom's signing message and subsequent legislative changes, manufacturers may elect to participate in the new Section 871 procedures. The California Department of Consumer Affairs maintains a list of manufacturers that have opted into the new process.

   
   

4. What This Means for Consumers

   
   

   Although AB 1755 changed the litigation process, the fundamental protections of California's Lemon Law remain in place. Consumers may still be entitled to a vehicle repurchase, replacement, reimbursement of incidental damages, and recovery of attorney's fees when the law's requirements are met.

   
   

   Because the new procedures include notice requirements, deadlines, and strategic considerations that may affect available remedies, consumers should seek legal advice as early as possible. An experienced California Lemon Law attorney can determine whether the new procedures apply to a particular manufacturer, ensure that any required notices are properly submitted, and help protect the consumer's right to recover all remedies available under the law.

   
   

   This article is intended for general informational purposes only and is not legal advice. Every Lemon Law case depends on its specific facts, and consumers should consult an attorney regarding their individual circumstances.

   
   

Additional resources provided by the author

https://www.dca.ca.gov/acp/index.shtml https://www.dca.ca.gov/acp/accepted_manufacturers.shtml

California Lemon Law Fee Shifting: Pursue a Claim Without Paying Attorney’s Fees

One of the most powerful and least understood features of California’s Lemon Law is its attorney’s fee-shifting provision. While many consumers worry that hiring a lawyer will be too expensive, the Song-Beverly Consumer Warranty Act was specifically designed to remove that financial barrier.

1. What Is Fee-Shifting?

   
   

   Under the American legal system, each side typically pays its own attorney’s fees regardless of who wins the case. California’s Song-Beverly Consumer Warranty Act creates an important exception.

   
   

   California Civil Code section 1794(d) provides that a prevailing buyer is entitled to recover reasonable attorney’s fees, costs, and expenses incurred in prosecuting a successful warranty claim. In other words, if the consumer prevails, the court may require the manufacturer to pay the consumer’s reasonable legal fees.

   
   

   This is commonly referred to as a one way fee-shifting statute because it is intended to protect consumers, not manufacturers.

   
   

2. Why Did the Legislature Create This Rule?

   
   

   Without fee shifting, many valid Lemon Law claims would never be pursued.

   
   

   Consider a vehicle owner whose damages are worth $20,000 or $30,000. Litigating against a multinational automobile manufacturer could easily require hundreds of hours of attorney work, expert analysis, depositions, and court appearances. Most consumers simply could not afford to pay those costs out of pocket.

   
   

   Recognizing this imbalance, the California Legislature enacted the Song Beverly Act to encourage manufacturers to honor their warranty obligations and to allow consumers meaningful access to the courts\. Courts have recognized that this provision encourages attorneys to represent consumers whose claims might otherwise be economically impractical.

   
   

3. How Does This Benefit Consumers?

   
   

   The fee-shifting provision provides several significant advantages:

   
   

   • Access to experienced legal representation. Many California Lemon Law attorneys are able to represent consumers without requiring hourly retainers because the statute authorizes recovery of reasonable attorney’s fees from the manufacturer if the consumer prevails.

   
   

   • Equal footing with manufacturers. Automobile manufacturers typically have substantial legal resources. Fee-shifting helps ensure consumers can obtain qualified counsel to enforce their rights.

   
   

   • Greater accountability. Manufacturers have an additional incentive to resolve legitimate claims promptly rather than forcing consumers into unnecessary litigation.

   
   

   • Protection of consumer rights. The statute reflects California’s public policy of ensuring warranty protections have practical value, not merely theoretical rights.

   
   

4. Does Fee Shifting Mean Every Consumer Pays Nothing?

   
   

   Not necessarily.

   
   

   Although many California Lemon Law firms handle qualifying cases on a contingency basis or without requiring an upfront retainer, fee arrangements are determined between the attorney and the client. Consumers should always review and understand their representation agreement before hiring counsel.

   
   

   Likewise, attorney’s fees are not automatic simply because a lawsuit is filed. The consumer generally must prevail on the Song-Beverly claim, and the court determines what attorney’s fees and litigation expenses were reasonably incurred.

   
   

5. Does the Manufacturer Always Have to Pay?

   
   

   The fee-shifting statute generally applies when the consumer prevails in an action brought under the Song-Beverly Consumer Warranty Act.

   
   

   Whether a consumer is considered the “prevailing buyer” depends on the outcome of the case and applicable California law. In many cases, attorney’s fees are resolved through settlement or by court order after judgment.

   
   

6. Fee Shifting Makes California Lemon Law Different

   
   

   California’s Lemon Law is considered one of the strongest consumer protection statutes in the country in large part because of its fee-shifting provision.

   
   

   Rather than forcing consumers to choose between accepting a defective vehicle or paying significant legal fees, the law allows many consumers to seek justice with experienced legal representation while placing the financial responsibility for successful claims on manufacturers that fail to comply with their warranty obligations.

   
   

7. Frequently Asked Questions

   
   

   Can I afford a Lemon Law attorney?

   
   

   In many cases, yes. Because California law allows prevailing consumers to recover reasonable attorney’s fees from the manufacturer, many Lemon Law attorneys represent qualified clients without requiring payment up front. The specific fee arrangement, however, depends on the attorney and should always be confirmed in a written fee agreement.

   
   

   Does the fee shifting law apply to settlements?

   
   

   Many Lemon Law cases resolve through settlement, and attorney’s fees are often addressed as part of the settlement agreement. How fees are handled depends on the terms negotiated by the parties.

   
   

   What if I lose my Lemon Law case?

   
   

   Every case is different. The Song-Beverly Act is primarily a consumer protection statute with a one way fee-shifting provision that benefits prevailing buyers. Consumers should discuss litigation risks and potential costs with their attorney before filing suit.

   
   

8. Final Thoughts

   
   

   California’s fee-shifting provision is one of the most important protections available to consumers pursuing Lemon Law claims. By allowing prevailing buyers to recover reasonable attorney’s fees and litigation expenses, the Song-Beverly Consumer Warranty Act helps ensure that consumers can enforce their warranty rights regardless of their financial resources.

   
   

   If you believe your vehicle may qualify as a lemon, speaking with an experienced California Lemon Law attorney early in the process can help you understand your rights, evaluate your claim, and determine the most effective path forward.

   
   

Additional resources provided by the author

Raymond Velarde - Lemon Law Man APC

California Lemon Law: What to Expect During the Lemon Law Process from Start to Finish

Purchasing a new or CPO vehicle is often one of the largest financial decisions consumers make. When that vehicle repeatedly requires repairs for the same defect, California’s Lemon Law may provide important legal remedies. Many consumers wonder what's next?

Step 1: Initial Consultation

The process usually begins with a consultation with a California lemon law attorney. During this conversation, the attorney gathers information about the vehicle and the repair history to determine whether the facts may support a claim under California’s Song-Beverly Consumer Warranty Act.

The attorney will often request documents such as:

• The purchase or lease agreement

• Repair orders from each dealership visit

• Warranty information

• Vehicle registration

• Current mileage

• Any communications with the manufacturer or dealership

Based on these records, the attorney evaluates whether the vehicle has experienced substantial defects that the manufacturer has been unable to repair within a reasonable number of attempts.

Step 2: Case Investigation

After reviewing the available documents, the attorney conducts a more detailed legal analysis.

This stage may include:

• Organizing the repair history into a timeline

• Identifying recurring defects

• Confirming warranty coverage

• Determining which manufacturer is legally responsible

• Evaluating possible remedies available under California law.

Not every vehicle qualifies as a lemon, but a careful review of the repair history often reveals whether the claim has legal merit.

Step 3: Pre-Litigation Demand

If the attorney determines that a valid claim likely exists, many cases begin with a written demand sent to the vehicle manufacturer.

The demand typically explains:

• The vehicle’s repair history

• The defects experienced by the owner

• Why the manufacturer may have violated California’s Lemon Law

• The relief being requested

At this stage, some manufacturers investigate the claim and may begin settlement discussions. Others deny liability or decline to make an acceptable offer.

Whether a case resolves before litigation depends on the specific facts, the manufacturer’s evaluation of the claim, and the client’s agreement to any proposed offer.

Step 4: Filing a Lawsuit

If the claim cannot be resolved through pre-litigation negotiations, the next step is filing a lawsuit in California state court.

Once litigation begins, the manufacturer is formally served with the complaint and files a legal response.

The litigation process then follows established court procedures designed to allow both sides to gather evidence and evaluate the case.

Step 5: Discovery

Discovery is often the longest stage of a lemon law case.

During discovery, both parties exchange information relevant to the lawsuit.

Common discovery activities include:

• Written interrogatories

• Requests for production of documents

• Requests for admissions

• Depositions of the consumer or other witnesses.

Manufacturers may also produce internal records concerning warranty repairs, engineering information, or communications related to the vehicle.

The purpose of discovery is to allow both sides to understand the evidence before trial.

Step 6: Expert Witnesses

Some lemon law cases require expert testimony.

An automotive expert may inspect the vehicle, review repair records, and offer opinions regarding:

• The existence of the defect

• Whether repairs were successful

• Whether the defect substantially impaired the vehicle’s use, value, or safety

Not every case requires expert testimony, but experts can become important in disputed cases that proceed toward trial.

Step 7: Settlement Negotiations

Many California lemon law cases resolve before trial.

Settlement discussions may occur:

• Shortly after the demand letter

• During discovery

• Following depositions

• At mediation

• Shortly before trial.

Depending on the circumstances, settlements may include:

• A vehicle repurchase (buyback)

• A replacement vehicle

• Cash compensation

• Payment of attorney’s fees and costs as permitted by law

The appropriate resolution depends on the facts of each case and the parties' negotiations.

Step 8: Trial

If settlement cannot be reached, the case proceeds to trial.

During trial, each side presents evidence, examines witnesses, and argues its position before a judge or jury.

The jury decides whether the manufacturer violated California’s Lemon Law and, if so, what remedies are appropriate under the law.

Although trials receive significant attention, relatively few lemon law cases ultimately require a jury verdict.

How Long Does the Process Take?

There is no universal timeline for a California lemon law claim.

Some matters resolve relatively quickly through pre-litigation negotiations, while others proceed through discovery and trial, extending the process significantly. Factors such as the complexity of the defects, the manufacturer’s litigation strategy, court scheduling, and the willingness of both parties to negotiate can all affect the duration of a case.

Final Thoughts

California’s Lemon Law is intended to protect consumers when manufacturers fail to repair vehicles covered by warranty after a reasonable number of opportunities. While every case follows its own path, understanding the general stages of a lemon law claim can help consumers know what to expect if they pursue their legal rights.

Consumers who believe their vehicle may qualify under California’s Lemon Law should preserve all repair orders and warranty records and seek legal advice promptly, as important deadlines may apply.

If you think your vehicle is a lemon contact us at 626-671-5699 or raymond@lemonlawman.com.