Most Song-Beverly claims have a four-year deadline (Code of Civil Procedure section 337). But for manufacturers that have opted into AB 1755/SB 26, suit must be filed within one year after the express warranty expires, and never more than six years after delivery. The right deadline depends on the manufacturer, so confirm yours promptly.
Every legal claim has a deadline — a “statute of limitations” — after which you lose your right to sue even if you have a valid case. California lemon law is no exception. Missing the statute of limitations is one of the most common ways consumers lose valid claims. Understanding the deadlines and when they start running is essential.
California lemon law claims under the Song-Beverly Consumer Warranty Act are generally governed by a four-year statute of limitations under Code of Civil Procedure § 337, which sets the deadline for breach-of-written-warranty claims (see Krieger v. Nick Alexander Imports (1991) 234 Cal.App.3d 205). For warranty-duration background, see California Civil Code § 1791.1. You have four years from the date your cause of action “accrues” to file a lawsuit.
For new-vehicle restitution, replacement, and civil-penalty claims governed by AB 1755 (Code of Civil Procedure § 871.21), a different and shorter deadline applies: suit must be filed within one year after the manufacturer’s express warranty expires, and in no event more than six years after the vehicle was originally delivered. AB 1755 was signed September 29, 2024 and applies to actions filed on or after January 1, 2025. Under SB 26 (signed April 2, 2025), these procedures apply only to manufacturers that have opted in; the California Department of Consumer Affairs’ Arbitration Certification Program publishes the current opt-in list, updated each December 15. For a manufacturer that has not opted in, the four-year period above continues to apply. Because the deadline now depends on the specific manufacturer and your warranty dates, confirm yours with an attorney rather than assuming you have four years.
The limitations clock starts when your cause of action accrues — which in lemon law cases is generally when the manufacturer has had a reasonable number of repair attempts and has failed to fix the defect. In most cases, this is approximately when you meet the Tanner Act threshold: after the fourth failed repair attempt, after the second failed attempt on a safety defect, or when the 30-day out-of-service threshold is crossed.
Under the discovery rule, the limitations period may also begin when you knew or reasonably should have known that you had a lemon law claim. If you did not know your rights under Song-Beverly, the clock may not have started running until you became aware (or should have become aware) of the defect’s persistent, unfixable nature.
In addition to the four-year statute of limitations on filing suit, there is a separate requirement that the defect arise and the repair attempts occur within the manufacturer’s express warranty period. If your warranty expires before you have made sufficient repair attempts, you may lose the ability to add more qualifying attempts even if the four-year limitations period has not run. This is why it is critical to bring your vehicle in for repair promptly whenever a defect appears during the warranty period — do not wait and hope it resolves itself.
The limitations clock can be “tolled” — paused — under certain circumstances. Common tolling scenarios include:
Manufacturers have no obligation to remind you of your legal rights or the approaching statute of limitations. In fact, a common manufacturer tactic is to engage in extended, fruitless repair attempts and slow-rolling “investigations” that consume time without resolving your claim — hoping you will eventually give up or miss the deadline. Never allow a manufacturer’s delays to eat into your limitations period without taking action.
If you are anywhere close to four years from your first repair attempt, contact a lemon law attorney immediately. Even if you believe you have time, having an attorney evaluate your case costs you nothing (the consultation is free) and ensures you do not accidentally miss a deadline. Cases filed the day before the statute runs are just as valid as cases filed the day after the fourth failed repair attempt — but cutting it that close is unnecessary and risky.