No other aspect of the California Lemon Law creates more confusion than the “presumption.”  The California Lemon Law presumption applies to a vehicle if any of the following occur within the first 18 months and 18,000 miles – (1) the same nonconformity is subject to four or more repair attempts; (2) a nonconformity likely to cause death or serious bodily injury is subject to two or more repair attempts; (3) the vehicle is out-of-service more than 30 days by reason of repair of nonconformities.  If any of the above is met, a buyer may assert the presumption on the issue of “reasonable number of repair attempts.”  In other words, a reasonable number of repair attempts will be presumed to have occurred.

However, one does not have to meet the presumption in order for the California Lemon Law to apply.  No warranty repairs upon a vehicle need be performed within the first 18 months or 18,000 miles for the California Lemon Law to apply.   The California Lemon Law will apply to a vehicle so long as warranty repairs have been performed regardless of the age of, or mileage on, the vehicle. 

Please note that Statute of Limitations apply to actions under California Lemon Law.  A lawsuit must be filed within a specific time frame, or one will be forever barred from bringing an action under the California Lemon Law.   

Contact Barnes & Farrell for a free consultation regarding the California Lemon Law.