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How to File a Lemon Law Claim in Los Angeles, Step by Step

Reviewed by Jacob Shayesteh, Esq., founding attorney · Updated October 2026

Filing a lemon law claim in Los Angeles is less about filling out one form and more about building a clean paper trail, giving the manufacturer the chances the law requires, and then making a formal demand. Most claims under California’s Song-Beverly Consumer Warranty Act (Civil Code sections 1790 to 1795.8) resolve before trial. When one does not, the case is filed in Los Angeles County Superior Court.

This guide walks through each step, what you handle yourself, and what a Los Angeles lemon law attorney handles for you.

Step 1: Check whether your vehicle may qualify

California’s refund-or-replace remedy applies to a “new motor vehicle,” which under Civil Code section 1793.22(e)(2) includes:

A new car, truck, or SUV bought or leased mainly for personal, family, or household use.
A new vehicle used mainly for business, if it weighs under 10,000 pounds gross vehicle weight and the buyer has no more than five vehicles registered in California.
A dealer-owned vehicle or demonstrator sold with a manufacturer’s new car warranty.

Leases count. Civil Code section 1793.2(d)(2)(D) treats a lessee as a buyer for these purposes. Ordinary used cars are a different story after the California Supreme Court’s 2024 decision in Rodriguez v. FCA US. Our used and certified pre-owned car guide explains what still qualifies.

Next, the problem must be covered by the warranty and must substantially impair the vehicle’s use, value, or safety. The manufacturer must then fail to fix it after a reasonable number of attempts. Civil Code section 1793.22(b) creates a presumption that the number of attempts was reasonable if, within 18 months or 18,000 miles (whichever comes first):

The same problem was repaired 4 or more times, or
A defect that could cause death or serious injury was repaired 2 or more times, or
The vehicle was out of service for repairs more than 30 days in total.

The presumption is a shortcut, not a requirement. Many valid claims fall outside those numbers. Read more about the 30-day rule.

Step 2: Gather your documents

Your documents are your case. Start a folder, paper or digital, and collect:

Purchase or lease contract. The retail installment sales contract or lease agreement shows the price, fees, taxes, and any trade-in.
Every repair order. Get a copy at drop-off and at pick-up. Each one should show the date in, date out, mileage, your complaint, and what the technician did.
Recall notices. Keep the letter. You can also check your VIN for open recalls.
Loan or lease statements showing what you have paid.
Receipts for towing, rental cars, and rides while the car was in the shop.
Photos, videos, and notes. A short video of a warning light on the 405 or a shudder at a stoplight on Sepulveda can show what a technician could not see in the service bay.
Emails, texts, and app messages with the dealer or the manufacturer.

Step 3: Keep giving the dealer a chance to repair it

The law requires the manufacturer, through its authorized dealers, to have a reasonable opportunity to fix the defect. That means you keep going back when the problem returns. At each visit:

Describe the symptom in plain words: “The car loses power when merging,” not “I think it is the transmission.”
Ask that your exact complaint be written on the repair order.
Confirm the mileage and date are correct before you sign.
If the dealer says it “could not duplicate” the problem, ask that this be written down too. That visit can still matter. See our guide for when your LA dealer will not fix your car.

In our experience, the biggest mistake is waiting too long to take the car in. The mileage offset that reduces a buyback is generally based on the miles driven before you first brought the car in for the problem (Civil Code section 1793.2(d)(2)(C)), so an early visit helps you. Our California lemon law calculator shows how the offset works.

Step 4: Make a demand, including AB 1755 pre-suit steps

Once the repair history supports a claim, your attorney sends the manufacturer a written demand to repurchase or replace the vehicle. A lemon law buyback generally includes the price paid, collateral charges such as sales tax and registration fees, and incidental costs like towing and rental cars, minus the mileage offset.

AB 1755 added new procedures in Code of Civil Procedure sections 871.20 to 871.31. They apply only to manufacturers that elected to be governed by them. For those manufacturers:

Pre-suit notice. Before suing for civil penalties, your attorney sends the manufacturer a written demand at least 30 days ahead. It includes your name, the VIN, a brief summary of the repair history and problems, and a demand to repurchase or replace (CCP section 871.24).
Possession. You must have the vehicle when the demand is sent.
Response window. If the manufacturer offers restitution or replacement within 30 days and completes it within 60 days of receiving the notice, the civil penalty claim is barred.
Filing deadlines. Claims against an opted-in manufacturer generally must be filed within one year after the express warranty expires and no more than six years after the vehicle was first delivered, with some time added for repair periods.

Our page on what changed with AB 1755 in 2025 covers more detail. Whether your manufacturer opted in affects the steps, so we confirm it at the start.

Step 5: Filing in Los Angeles County Superior Court

If the manufacturer does not make a fair offer, your attorney files a complaint in Los Angeles County Superior Court. Venue rules generally allow a consumer case to be filed where you live or where you signed the purchase or lease contract, so a car bought in Torrance or Glendale and driven in LA County will usually be filed here.

Many civil cases in the county are handled at the Stanley Mosk Courthouse, 111 N. Hill St. in downtown Los Angeles, though the court decides where each case is assigned. The complaint names the manufacturer and sometimes the dealer. You do not have to go to the courthouse to file. Your attorney handles the filing and service.

After filing, opted-in manufacturer cases follow AB 1755’s early track: initial document disclosures, limited early depositions, and a required mediation. Other cases proceed under the regular civil rules. Our process and timeline guide explains what happens next.

What you do vs. what your attorney does

You

Keep taking the vehicle in when the problem returns.
Collect repair orders, contracts, and receipts.
Keep the vehicle insured, registered, and in your possession.
Answer questions about how the defect affects your driving.
Sign settlement and buyback paperwork at the end.

Your attorney

Reviews the repair history against the statute.
Checks recalls, warranty terms, and whether the manufacturer opted into AB 1755.
Negotiates with the manufacturer and its lawyers.
Files and litigates in LA Superior Court if needed, including mediation.
Coordinates the loan payoff and return of the vehicle in a buyback.

What it costs

You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs. Civil Code section 1794(d) allows a buyer who wins to recover attorney fees and costs from the manufacturer.

Common mistakes to avoid

Selling or trading in the car before talking to a lawyer.
Paying for repairs at an independent shop instead of an authorized dealer.
Accepting a “goodwill” offer or extended warranty without understanding what you give up.
Letting a recall notice sit. In our experience, you should call an attorney as soon as you get one.

Every case is different, and Prior results do not guarantee a similar outcome. For the bigger picture, see our California lemon law attorney home page.

More Los Angeles lemon law guides

Get a free case review

If your car, truck, or SUV keeps going back to the dealer, call us for a free case review at 877-536-6620. Our office is at 10850 Wilshire Blvd, Suite 1010, in Westwood, and we help drivers across Los Angeles County in English and Spanish. You pay nothing, win or lose. We are paid only if you win, and the manufacturer pays our fees, including in settlements. If a case is lost, our firm covers the costs.

Frequently Asked Questions

Do I need a lawyer to file a lemon law claim in Los Angeles?

No, but the manufacturer will have lawyers, and Song-Beverly lets a winning buyer recover attorney fees from the manufacturer. You pay nothing, win or lose.

Where is a Los Angeles lemon law case filed?

In Los Angeles County Superior Court, usually where you live or signed the contract. Many civil cases are heard at the Stanley Mosk Courthouse at 111 N. Hill St., though the court assigns each case.

What documents do I need to start?

Your purchase or lease contract and every repair order are the most important. Recall notices, receipts for towing or rentals, and photos or videos of the problem also help.

Can I keep driving my car while the claim is pending?

Usually yes, if it is safe to drive. Follow any recall instructions, keep the car insured, and do not sell or trade it in without talking to us.

Attorney advertising. Prior results do not guarantee a similar outcome.