Category: FAQs

If you’ve been wondering whether California’s 2025 lemon law changes make it easier or harder to handle your case alone, I’ve got some straight talk for you. The short answer? These new rules actually make having an experienced lemon law attorney more important than ever before.

I know that might sound like a lawyer just trying to drum up business, but hear me out. The changes that went into effect this year have created a much more complex legal landscape that’s frankly trickier to navigate without professional help.

What Actually Changed in 2025?

Let’s start with the big picture. California implemented the most sweeping lemon law reforms in years through Assembly Bill 1755, which took effect January 1, 2025. These weren’t minor tweaks, they fundamentally changed how you have to approach a lemon law claim.

The state also passed Senate Bill 26 in April 2025, which added another layer of complexity by letting manufacturers choose which set of rules they want to follow. Yes, you read that right: different car companies might be operating under completely different procedures.

The New Roadblocks You’ll Face

Mandatory Written Notice Requirements

Here’s one of the biggest changes: you now must contact the manufacturer in writing and formally request a repurchase before you can file certain types of damage claims. This isn’t just a courtesy heads-up: it’s a legal requirement that can make or break your case.

The problem? There’s a specific way this notice needs to be written, and if you get it wrong, you could torpedo your entire claim before it even gets started. You also have to send the notice to a specific address. I’ve already seen cases where well-meaning consumers sent generic complaint letters that didn’t meet the technical requirements, effectively resetting their legal timeline or worse.

Compressed Time Windows

The new law also shortened your window for taking legal action. You now have to request a repurchase within six years of when your vehicle was originally sold OR within one year of your warranty expiring: whichever comes first. That might sound generous, but when you factor in all the new procedural steps you have to complete first, that time gets eaten up fast.

The Manufacturer Response Game

Once you send that required written notice, manufacturers have 30 days to respond, then another 30 days to actually process a repurchase if they agree to it. Sounds straightforward, right? Wrong.

What the law doesn’t tell you is how to handle it when manufacturers send inadequate responses, try to drag out the process, or claim they never received your notice. Manufacturers also delay and make it more complicated by asking for information and documents that technically are not required under the lemon law. These are common tactics that can derail inexperienced consumers but are manageable when you have legal representation.

The Opt-In Confusion

Here’s where things get really messy. Thanks to SB 26, manufacturers can now choose whether they want to follow the new AB 1755 procedures or stick with the old rules. This means that depending on who made your car, you might be dealing with completely different legal requirements.

How are you supposed to know which rules apply to your Kia versus your neighbor’s Jeep? Most consumers have no idea, and honestly, even some attorneys are still figuring out which manufacturers have opted in and which haven’t.

New Dispute Resolution Hoops

The 2025 changes also added mandatory arbitration for attorney fee disputes for certain timeframes and required mediation before you can go to trial. While these might sound like consumer-friendly alternatives to court, they’re actually additional procedural hurdles that require specific legal knowledge to navigate effectively.

Arbitration and mediation aren’t just “let’s sit down and talk it out” sessions. They have their own rules, deadlines, and strategies that can significantly impact your case outcome.

When the “Simple” Route Might Work

To be completely fair, there are a few scenarios where you might be able to handle a lemon law case yourself under the new rules:

• Your defect is extremely obvious and well-documented
• The manufacturer is being cooperative (rare, but it happens)
• You have a very straightforward case with clear-cut evidence
• You’re comfortable navigating complex legal procedures and deadlines

But even in these “simple” cases, the margin for error has gotten much smaller. One missed deadline or incorrectly formatted notice could cost you thousands of dollars in potential recovery.

Why Attorneys Are More Valuable Now, Not Less

We Know the Procedural Maze

The new rules created a complex procedural maze that changes depending on which manufacturer you’re dealing with. Experienced lemon law attorneys have already worked through these new procedures and know how to avoid the common pitfalls.

We Handle the Technical Requirements

That mandatory written notice I mentioned? We know exactly how to format it, what language to use, and how to ensure it meets all legal requirements. We also know how to document delivery so manufacturers can’t claim they never received it.

We Understand Manufacturer Tactics

Car companies didn’t suddenly become more consumer-friendly just because the law changed. If anything, they’ve developed new ways to take advantage of the additional procedural requirements to delay or deny valid claims. We’ve seen these tactics before and know how to counter them.

The Cost Reality Check

Here’s something most people don’t realize about California lemon law: if you win your case, the manufacturer typically has to pay your attorney fees. That means hiring an experienced attorney often doesn’t cost you anything out of pocket, but trying to go it alone and losing could cost you everything.

Under the new rules, with all their additional complexity, the risk of making a costly mistake has gone way up, while the potential benefit of professional representation has stayed the same.

The Legislative Uncertainty Factor

There’s another wrinkle you should know about. Governor Newsom noted that many automakers have complained that some of the new AB 1755 procedures are “unworkable.” The lawmakers have already agreed to introduce another bill in the current legislative session to potentially modify these rules again.

This ongoing uncertainty means the legal landscape could continue shifting. Attorneys who specialize in this area stay on top of these changes, but individual consumers trying to navigate their own cases could easily get caught off guard by new developments.

Making the Right Choice for Your Situation

Look, I’m not going to tell you that every single person with a lemon vehicle needs an attorney. But I will tell you that the 2025 changes have made the process significantly more complex and technical, with much less room for error.

If you’re dealing with a potential lemon, the smartest move is usually to at least consult with an experienced lemon law attorney to understand your options. Most of us offer free consultations, so you can get professional advice about your specific situation without any upfront cost.

The bottom line? California’s 2025 lemon law changes were supposed to streamline the process, but they’ve actually made professional legal representation more valuable than ever. Don’t let the new procedural requirements turn your valid lemon law claim into a missed opportunity.

If you think you might have a lemon vehicle, don’t wait: those new compressed timeframes mean every day counts. Get the help you need to navigate these new rules and protect your consumer rights.

Send your purchase contract and repairs records to Lemon Law Attorney Sotera Anderson for a free case review: Sotera@CaLemonLawAttorney.com

Getting stuck with a lemon car is frustrating enough – but making preventable mistakes with your California Lemon Law claim can turn a bad situation into a complete nightmare. After years of helping consumers fight back against defective vehicles, I’ve seen the same errors pop up again and again. The good news? These mistakes are totally avoidable once you know what to look for.

Let’s dive into the seven biggest blunders people make with their lemon law claims and exactly how you can steer clear of them.

Mistake #1: Playing the Waiting Game with Repairs

Here’s a scenario I see all the time: Your car starts making a weird noise, but you think, “Maybe it’ll just go away.” Months pass, the problem gets worse, and only then do you finally take it to the dealer. By then, you’ve already hurt your case.

California Lemon Law requires that you give the manufacturer a “reasonable number” of repair attempts for the same issue. When you wait too long to start the repair process, it can look like the problem wasn’t that serious or persistent in the first place.

The Fix: Don’t be a hero – take your car in as soon as you notice recurring problems. Even if it seems minor, document it. That weird rattling sound today could be evidence of a major transmission issue tomorrow. The sooner you start building your paper trail, the stronger your case becomes.

Mistake #2: Terrible (or Non-Existent) Record Keeping

This is the big one – the mistake that kills more lemon law cases than any other. Poor documentation is like trying to prove you went to a concert without keeping your ticket stub. It’s nearly impossible to demonstrate your case without proper records.

I’ve seen consumers lose legitimate claims simply because they couldn’t prove the timeline of repairs or the persistent nature of their vehicle’s defects. Every repair attempt, every conversation, every day your car spent in the shop – it all matters.

The Fix: Become a documentation machine. Here’s your checklist:

• Always request detailed repair invoices, even if they “couldn’t find the problem”
• Keep every work order, warranty document, and service record
• Maintain a repair log with dates, symptoms, and outcomes
• Note how problems affect your daily life (missed work, safety concerns, etc.)
• Take photos of any visible defects

Think of it this way: if you can’t prove it happened, legally it didn’t happen.

Mistake #3: Speaking in Code to Your Service Advisor

Walking into a dealership and saying “my car is acting weird” is like calling 911 and saying “something bad happened.” The more vague you are about problems, the harder it becomes to build a solid case.

Vague complaints lead to vague repair attempts, which create weak documentation. Your service records should tell a clear story of persistent, specific defects.

The Fix: Be as specific as possible when describing problems. Instead of “the transmission is acting up,” try “the transmission jerks violently when shifting from second to third gear, especially when accelerating from a stop.” The more detail you provide, the better your service records will support your eventual claim.

Mistake #4: Forgetting About Phone Calls and Conversations

Many people keep their repair paperwork but completely ignore documenting their conversations with dealers, service managers, and manufacturer representatives. These interactions often contain crucial admissions or promises that could strengthen your case.

The Fix: Keep a communication log that includes:

• Date and time of each conversation
• Name and title of who you spoke with
• Summary of what was discussed
• Any promises made or next steps agreed upon
• Follow up with email confirmations when possible

If a service manager tells you “we’ve seen this problem in other cars” or “the manufacturer is aware of this issue,” that’s gold for your case – but only if you document it.

Mistake #5: Playing Beat the Clock (And Losing)

California gives you four years from when you first experienced warranty-covered problems to file a lemon law claim. Sounds like plenty of time, right? Wrong. Many people wait until year three or four to take action, then panic when they realize how much work is involved in building a proper case.

The Fix: Don’t wait until you’re staring down a deadline. As soon as you suspect you might have a lemon, start keeping detailed records and consider consulting with a lemon law attorney. Even if you’re not ready to file a claim yet, getting professional advice early can save you from costly mistakes down the road.

Mistake #6: The “Maybe One More Try” Trap

This might sound backwards, but there’s actually such a thing as too many repair attempts. California law only requires a “reasonable number” of tries to fix the same problem – typically four attempts, or two if the defect could cause serious injury.

Some consumers keep bringing their car back for repair attempt number five, six, or seven, thinking it shows persistence. Actually, it can work against you by suggesting you’re okay with the endless repair cycle.

The Fix: Know when to stop. Once you’ve hit the reasonable number of repair attempts (usually four for most issues, two for safety-related problems), it’s time to pivot from repair mode to lemon law mode. Continuing beyond this point wastes time and could potentially run you up against statute of limitations deadlines.

Mistake #7: Going It Alone Against the Manufacturer

Here’s the tough truth: car manufacturers have teams of experienced lawyers whose job is to minimize payouts on lemon law claims. They know every technicality, every loophole, and every way to drag out the process hoping you’ll give up.

Meanwhile, you’re trying to navigate complex legal requirements while dealing with the daily frustration of driving a defective vehicle. It’s not a fair fight.

The Fix: Level the playing field by working with an experienced California lemon law attorney. Most work on contingency, meaning the manufacturer pays their fees when you win. A good attorney will help you avoid the other six mistakes on this list while handling negotiations and legal filings.

What Counts as a Lemon in California?

Don’t make the mistake of thinking only major mechanical failures count. California’s Lemon Law covers any defect that substantially impairs your vehicle’s use, value, or safety. This includes:

• Persistent electrical problems
• Chronic air conditioning issues
• Recurring transmission glitches
• Paint defects that affect the car’s value
• Infotainment system failures

Even seemingly “minor” issues can qualify if they keep happening and significantly impact your driving experience.

The Bottom Line

Avoiding these seven mistakes won’t guarantee you’ll win your lemon law case, but it will give you the best possible shot at getting the compensation or replacement vehicle you deserve. Remember, the manufacturers are counting on you to make these errors – don’t give them the satisfaction.

If you’re dealing with a potential lemon in Los Angeles, Orange County, Riverside, or anywhere else in California, don’t wait to start building your case properly. The sooner you begin documenting everything and seeking professional guidance, the stronger your position becomes.

Your lemon law rights exist for a reason – make sure you’re positioned to use them effectively.

If you think you have a lemon, call Lemon Law Attorney Sotera Anderson for help. 855-965-3666

What Is Negative Equity in Car Buying?

If you’ve ever bought a car while still owing money on your previous vehicle, chances are you’ve heard phrases like “negative equity” or being “upside-down” on your loan. But what does that actually mean, and why does it matter in a California Lemon Law case?

Negative equity happens when you owe more on your car loan than the car’s current market value. Let’s put it in plain terms:

• You owe $20,000 on your car loan
• The car is only worth $15,000 if you trade it in

That $5,000 gap is your negative equity.

This often happens when you trade in a vehicle you still owe money on and roll that balance into a new car’s financing. The old loan joins the new one, making your starting balance much higher.

A simple diagram showing a car’s value versus the loan balance.

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How Lemon Law Buybacks Usually Work

California’s Lemon Law exists to protect consumers stuck with cars that just won’t stop having problems. If your new vehicle has significant defects that can’t be repaired, the manufacturer may have to buy it back and refund what you’ve paid.

Here’s what lemon law compensation typically includes:

• Your down payment
• Monthly car payments you’ve made
• Registration, taxes, and official fees
• Payoff of your remaining loan balance
• Incidentals
• Attorney Fees and Costs

But it gets tricky when you have negative equity—especially if it was rolled over from a previous vehicle.

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The Negative Equity Dilemma: Who Covers That Debt?

When car buyers roll negative equity into a new car loan, then get rid of that car (for example, under Lemon Law), the following happens:

1. The buyback process determines how much the manufacturer is supposed to pay you.
2. Some expect the manufacturer to pay off everything owed on the car—including the negative equity from your trade-in.
3. In reality, manufacturers often exclude negative equity from the buyback calculation or argue it should be deducted.

This means, with a lemon buyback, you might find yourself still owing thousands of dollars in negative equity—money that has nothing to do with the new lemon car, but everything to do with your prior trade-ins and loans.

A sad face next to a car and a pile of “debt” receipts showing what’s left over after a buyback.

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What Does California Law Say About Negative Equity in Lemon Cases?

This is where things get foggy, even for legal experts.

• Consumer perspective: Negative equity was part of the “price paid or payable”—it’s the amount you actually financed and are on the hook for, so why shouldn’t it be reimbursed?
• Manufacturer’s view: They shouldn’t be responsible for clearing debts from your previous vehicle—you’re only entitled to what the lemon car itself is worth, plus your actual out-of-pocket costs for it.

The California legislature passed new law this year (2025) that says the manufacturer gets to deduct for the negative equity in lemon law buybacks.

A scale balancing “consumer rights” versus “manufacturer interests” with a question mark overhead.

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Why Negative Equity Surprises So Many Lemon Law Clients

Let’s walk through a common scenario:

1. You’re fed up with your defective car and file a lemon law claim.
2. Months later, you’re offered a buyback.
3. You receive the settlement paperwork—and your jaw drops. The manufacturer is not offering to pay the full (high) balance you owe on your loan!
4. You realize the excluded portion is the negative equity from your last car that got rolled into this one.

Suddenly, your “reimbursement” feels a lot less.

Bottom Line: Always know your negative equity position before purchasing a new vehicle and before pursuing a lemon law case.

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Tips to Protect Yourself from Negative Equity Pitfalls

1. Check Your Loan Payoff Versus Your Vehicle’s Value
Use reliable online valuation tools or consult with your lender to get a clear picture. Know what’s left from any previous trade-ins that’s still on your loan.

2. Understand Your Paperwork
Before you sign a new car loan, look for wording about “amount financed,” “negative equity,” or trade-in balances. Know what debt is being rolled forward.

3. Be Upfront with Your Lemon Law Lawyer
Share every detail about your financing—including leftovers from prior cars. This helps your attorney strategize for the maximum recovery possible.

4. Ask for Calculations Early
When negotiating a lemon law settlement, specifically ask how negative equity is handled in their buyback offer. Get those numbers in writing!

5. Consider Expert Help
These cases can hinge on technicalities and negotiations. The team at the Law Offices of Sotera L. Anderson focuses on guiding California car owners through every twist and turn—including the negative equity issue. Read more about tips for a successful lemon law claim.

A checklist titled “Avoiding Lemon Law Surprises” with check marks next to each tip above.

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FAQ: Negative Equity & California Lemon Law

Q: Does negative equity mean I can’t get any money back in a lemon law case?
A: Not at all! You’re still eligible for a buyback if your car qualifies as a lemon. The negative equity issue only affects how much is reimbursed and whether you’ll have leftover debt after the buyback.

Q: Should I never roll over negative equity when buying another car?
A: If you can avoid it, that’s safest. Rolling over old debt means you’re always playing catch-up… and it can cause problems if the new car turns out to be a lemon.

Q: Can my lemon law attorney force the manufacturer to pay negative equity too?
A: Sometimes—but not always. It depends on negotiations and the history of problems.

Q: How do I know if my situation is complicated by negative equity?
A: If you owed more than your previous car was worth when you traded it in, and that extra balance became part of your new loan, you probably have negative equity. Check your original paperwork or ask your lender for a breakdown.

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The Takeaway for California Car Owners

Dealing with a lemon is stressful enough—don’t let negative equity add insult to injury. By understanding how rolled-over debt can impact your buyback, asking smart questions, and working with experienced counsel, you can avoid unpleasant financial surprises.

If you’re unsure about negative equity or want personalized advice about your rights under California’s changing lemon law landscape, reach out to the friendly team at the Law Offices of Sotera L. Anderson. We’re advocates for consumers, and we’ll help you steer clear of unnecessary pitfalls.

A person happily consulting with an attorney, symbolizing proactive legal help.

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Need help with a lemon law claim or confused about negative equity? Browse our site for in-depth guides, or contact us for a free evaluation: Law Offices of Sotera L. Anderson.

California’s Lemon Law landscape looks a lot different in 2025. If you’ve bought a car in recent years or you’re stuck with a vehicle that just won’t behave, it’s time to get up to speed on AB 1755 and SB 26—the laws that have shaken up consumer rights, time limits, and the whole process of getting your lemon fixed or replaced.

AB 1755: What’s Changed for You?

AB 1755 kicks off a new era in lemon law by tightening deadlines for manufacturers and putting more steps between you and your day in court. Here’s what stands out:

1. Shorter Statute of Limitations 

Under AB 1755, you must now file your lemon law lawsuit within one year after your vehicle’s express warranty expires—and in any case, within six years of the car’s original delivery to its first owner. Whichever of these comes first is your hard stop.

What does this mean in plain English?

• If your bumper-to-bumper warranty is three years, you have only four years from when the car was originally leased/sold to make a claim—even if the warranty hasn’t run out!
• If you’re the second or third owner, the clock is still ticking from that very first delivery date—not from when you bought the car.

Bottom line: Don’t procrastinate.

Why It’s Bad for Consumers: Your vehicle’s warranty might be 10 years, but if you don’t make a claim within 6 years, you’re out of luck.  Also, there is little you can do to enforce the warranty in years 6-10.  That 10 year warranty could be meaningless.

2. Mandatory Written Notice Before You Sue

Starting April 1, 2025, there’s a new pre-suit step: you have to give the manufacturer formal, written notice at least 30 days before you file a lawsuit if you want to seek civil penalties.

Your written notice must include certain information. It must be sent to a specific email or address.

Plus, you have to keep (and not sell or trade-in) the vehicle during those 30 days to allow a response from the manufacturer.

Why this matters: If you skip this step and file a lawsuit anyway, you’ll lose the right to certain penalties. Judges are strictly enforcing this, so don’t leave it to chance.

3. Mandatory Mediation

AB 1755 requires both sides to attend mandatory mediation within 150 days after the lawsuit gets answered (i.e., after the manufacturer files its response). Litigation pauses until mediation is complete.

In English: Both sides have to try to settle first. If mediation fails, only then can you dig in for full discovery and trial.

Why this is bad for consumers: Manufacturers delay the mediation which means it could take 6 months before the mediation even takes place.  Meanwhile, you are stuck with your problematic vehicle.

SB 26: The Manufacturer Opt-In System

SB 26 creates a two-lane system—with two sets of rules, depending on your car’s manufacturer.

How It Works:

• Manufacturers were given a chance to “opt in” and adopt all the AB 1755 changes by July 1, 2025. If they did, those rules apply to their vehicles for the next five years (renewable in five-year blocks).
• If a manufacturer didn’t join by the July 1 deadline, they can still opt in at the end of any year, applying to cases starting the following year.

Why Does This Matter To You?

• It gets confusing on which manufacturers opted in and which ones did not.
• It gets confusing on which lemon law applies to your case.
• If you own a vehicle from an “opted-in” brand (think: some major automakers, but not all), all the new AB 1755 rules apply.
• If not, the old lemon law process may still be in play. But manufacturers can opt in and out—so always double-check your car’s situation before you act.

Pro tip: Your case could get a whole lot easier (or trickier) depending on which side of this divide your vehicle’s brand falls.

What’s the Goal? Quicker, Fairer Results—But Not Without Critics

Supporters’ Viewpoint

Supporters of AB 1755 and SB 26 praise the reforms for shaking off the old, slow system. They see the following benefits:

• Lawsuits should be resolved faster, dragging on for months instead of years.
• The mediation requirement will hopefully lead to more settlements—meaning less courtroom drama and cost for everyone.
• Fewer “frivolous” claims as buyers must act quickly and document everything.

Consumer Advocates’ Concerns

Not everyone’s cheering. Consumer advocates say:

• The tough new deadlines could trip up ordinary car owners who didn’t realize their car was a lemon until it was almost too late.
• The written notice requirement might let manufacturers stall, ignore, or somehow game the process.
• Mediation—while sometimes helpful—can also pressure consumers to settle for less.

The big complaint? The new system is undeniably more complex, and anyone who doesn’t stay on top of the paperwork, timelines, and manufacturer rules could lose out.

How These Changes Affect California Car Owners

Let’s put it simply: Everything is more time sensitive.

What You Need to Do:

• Document everything—dates, repairs, conversations, and notices.
• Contact Law Offices of Sotera L. Anderson as soon as possible so the written notice can be sent in pronto if you’re running into trouble with your vehicle.
• Beware: The clock is running from when your car was first delivered, not when you first started noticing issues.

If You’re in the Middle of a Lemon Law Mess (or Think You Might Be):

• Check which system your manufacturer is under—old rules or new (opt-in) rules.
• Don’t miss your chance: Waiting too long means you may forfeit your claim, no matter how bad your car is.
• Consult an expert—the rules have gotten complicated, and mistakes can be costly. Chat with a lawyer who lives and breathes California lemon law (like the Law Offices of Sotera L. Anderson, hint, hint).

Key Dates to Remember

• January 1, 2025: Phase one of AB 1755 takes effect (shortened limitations, new procedures).
• April 1, 2025: Written notice requirement and some other key steps become mandatory.
• July 1, 2025: Manufacturer opt-in deadline; courts gain new enforcement powers.

Missed your window? Even if you’ve already missed one deadline, there may be wiggle room—don’t assume you’re out of options until you’ve talked to a professional.

California Lemon Law: More Complicated, But Still There to Help

Even with these new headaches and rules, the foundational goals of California’s lemon law haven’t disappeared. You still have the right to a safe, reliable vehicle—and manufacturers are still on the hook for repeated, serious defects under warranty.

Just keep in mind: Evidence and fast action are everything now.

Got questions about your car, your rights, or what deadlines apply to your case? Get the help you need before another week ticks by. For resources, FAQs, and more, check out our main website: Law Offices of Sotera L. Anderson.

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The above is general info and not legal advice. Every case is different, so get specific legal help for your situation. Want to learn more about California’s reformed lemon law? 

You’ve bought a new car, but it’s spending more time in the repair shop than your driveway. Frustration builds. You’re considering legal help—but before you call a lemon law attorney, there are a few things you shouldn’t do. Avoid making these mistakes.

At our firm, we see too many cases where consumers unknowingly damage their own lemon law claims by taking the wrong steps early on. The good news? These mistakes are avoidable. Here are the top 5 mistakes we see—and how to make sure you’re in the best position to get the refund or replacement you deserve.

1. Not Keeping Repair Records

The Mistake:
Tossing service records, invoices, or repair orders.

Why It Hurts Your Case:
Under California’s lemon law, your claim relies heavily on documentation—especially repair orders and work invoices showing what the dealer did (or didn’t do) to fix the problem.

What to Do Instead:
Every time your vehicle goes in for repairs, make sure you leave with:

• A repair order when you drop it off

• A repair invoice when you pick it up
  Review both for accuracy. If something’s missing (like the issue you reported), ask for it to be corrected in writing.

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2. Giving the Dealer Unlimited Chances to “Try Again”

The Mistake:
Allowing repair after repair for the same issue—without asking questions or setting limits.

Why It Hurts Your Case:
California’s lemon law doesn’t require an endless number of repair attempts. If the same problem keeps happening after a reasonable number of tries, the law may entitle you to a refund or replacement. But if you keep going back without taking legal action, the manufacturer may argue that you were satisfied with the service.

What to Do Instead:
Once you’ve had 2+ repairs for a serious safety issue, or 4+ repairs for any other recurring issue, it’s time to talk to a lemon law attorney.

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3. Accepting Verbal Assurances Without Written Proof

The Mistake:
Trusting the dealer or manufacturer when they say, “We’ll take care of it later.”

Why It Hurts Your Case:
Verbal promises are rarely enforceable. Manufacturers often delay or deny claims later, even if someone at the dealership gave you their word.

What to Do Instead:
Get everything in writing—especially promises about buybacks, repairs, or timelines. If they won’t put it in writing, that’s a red flag.

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4. Trying to Handle the Claim Yourself First

The Mistake:
Filing a lemon law claim directly with the manufacturer before consulting an attorney.

Why It Hurts Your Case:
You might unintentionally say something that weakens your claim, agree to a lowball offer, or miss key deadlines. Some manufacturers even pressure consumers into signing releases that prevent them from pursuing a stronger case later.

What to Do Instead:
Speak with a lemon law attorney first. In California, legal fees are paid by the manufacturer if you win—so you have nothing to lose by getting legal help upfront.

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5. Waiting Too Long to Take Action

The Mistake:
Letting the months slip by while you hope the problem goes away.

Why It Hurts Your Case:
California has a statute of limitations on lemon law claims. The longer you wait, the harder it becomes to gather records, recall details, or prove the issue started during the warranty period.

What to Do Instead:
If your car still isn’t fixed after a few repair attempts—or the issue keeps coming back—reach out to a lemon law attorney as soon as possible. Timing matters.

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A strong lemon law case starts with smart decisions early on. Avoiding these five common mistakes can make the difference between a rejected claim and a full refund or vehicle replacement.

Have questions about your situation? We offer free case evaluations, and we only get paid if we win. Let’s talk before the dealer tries to talk you out of your rights.

📞 855-965-3666 to get started.

After many years representing car manufacturers in lemon law matters, I transitioned into consumer representation to gain a broader perspective on these cases. With experience on both sides of the aisle, I’ve come to appreciate the value of resolving disputes efficiently and fairly. That insight led me to launch a lemon law mediation practice earlier this year—one focused on helping all parties reach practical, balanced solutions without the burden of prolonged litigation.

Why mediation?

Because not every case has to end in a courtroom battle.

Mediation is a powerful, cost-effective, and efficient tool that allows both sides to be heard—and more importantly, to find common ground. In lemon law cases, where emotions can run high and the details can get technical fast, mediation provides a structured environment for resolution without the delays, stress, and expense of trial.

What makes me different as a lemon law mediator?

1. I’ve sat on both sides of the table.
I spent years representing manufacturers, so I understand how they evaluate risk, what drives their settlement decisions, and how they view each case. Now, I advocate for consumers—and I know how frustrating and exhausting it is to deal with a car that just won’t work. This dual perspective allows me to cut through the noise and get to the heart of the dispute.

2. I speak the language.
Lemon law cases are highly technical. From repair orders to mileage offsets, there are details that can easily overwhelm someone who isn’t familiar with the territory. I know the legal and practical ins and outs—because I’ve litigated them from both angles.

3. I bring clarity and neutrality.
As a mediator, my role isn’t to take sides—it’s to help both sides understand the strengths and weaknesses of their case and explore resolution options that make sense. I am calm, focused, and solution-oriented. My goal is to move things forward, not let them stall.

4. I respect everyone’s time.
I understand the toll litigation takes, both financially and emotionally. Mediation offers a chance to resolve disputes quickly and confidentially. I approach every mediation with preparation, efficiency, and the intent to help the parties reach closure.

5. I conduct mediations via Zoom—with positivity and purpose.
Virtual mediations aren’t just convenient—they’re effective. I encourage parties to keep their cameras on so everyone can put a face to the person they’re talking to. It fosters human connection, keeps participants engaged, and often leads to more productive conversations. I also set the tone from the start with a warm, positive opening to help all parties feel comfortable and focused. When people feel seen and respected, they’re more open to resolution—and cases move more efficiently.

Whether you’re a plaintiff’s attorney, a defense attorney, or in-house counsel, I invite you to consider mediation—especially with a neutral who understands the nuances of lemon law.

If you’re interested in learning more about my mediation practice or scheduling a session, feel free to reach out.

Let’s resolve more cases. Faster. Fairer. Smarter.

The California Lemon Law has undergone significant changes, particularly in the area of discovery, which went into effect on January 1, 2025. Discovery is a critical phase in litigation where parties exchange information through written questions, document production, and depositions. Under previous law, discovery could begin soon after the lawsuit was served, allowing both sides to prepare for trial while engaging in settlement negotiations. The new law, however, imposes strict limitations on discovery during the initial months of a case.

Key Changes to the Discovery Process

The new law introduces several procedural hurdles that both plaintiffs and defendants must navigate, delaying traditional discovery until certain conditions are met.

1. Mandatory Initial Disclosures (Within 60 Days)

All parties are now required to exchange initial disclosures within 60 days of the defendant filing an answer or other responsive pleading. These disclosures include key documents and information, such as:

• Vehicle sales or lease agreements
• Repair records
• Warranty details
• Communications with the manufacturer regarding the defect
• Information related to vehicle financing and market value

2. Limited Early Depositions (Within 120 Days)

Within 120 days of the defendant filing an answer, limited depositions may be conducted, restricted to:

• The plaintiff
• The defendant (or the most qualified representative if the defendant is a corporation)
• Each deposition is capped at two hours and limited to predefined topics related to the vehicle’s service and warranty history.

3. Mandatory Mediation (Within 150 Days)

Before full discovery can commence, parties must schedule and participate in a mediation within 150 days of the defendant’s response. Both sides must attend, either in person or remotely, and costs are equally shared (though recoverable by the plaintiff as part of a settlement or judgment).

Discovery Stay Until Mediation Concludes

With limited exceptions, the new law places a hold on all additional discovery, such as broader depositions, interrogatories, and document requests, until mediation has been completed. If mediation fails to resolve the case, standard discovery procedures resume, including:

• Additional depositions of the plaintiff and defendant
• Expanded questioning on warranty policies and repair procedures
• Access to manufacturer records related to defect evaluations and service bulletins

Consequences for Noncompliance

Failure to adhere to these new discovery rules comes with strict penalties, including:

• Financial Sanctions: Attorneys may be fined between $1,500 and $2,500 for noncompliance with document production or deposition rules.
• Dismissal of Claims: Plaintiffs who repeatedly fail to comply may see their case dismissed without prejudice, meaning they must restart the lawsuit process.
• Evidentiary Sanctions Against Manufacturers: If manufacturers fail to comply, they may be barred from introducing key evidence at trial to dispute vehicle defects.

What This Means for Consumers and Manufacturers

These changes add new procedural steps for consumers seeking relief under the Lemon Law, making it essential to be well-prepared before filing a lawsuit. Plaintiffs must now gather extensive documentation in advance, and both sides must participate in mediation before engaging in full discovery.

For manufacturers, these changes provide a structured timeline to evaluate claims and potentially resolve disputes earlier in the process. However, the risk of evidentiary sanctions for noncompliance underscores the importance of timely and thorough document production.

Conclusion

California’s new Lemon Law discovery rules significantly alter how claims are litigated, placing a greater emphasis on early disclosure and mediation. While these changes aim to streamline the resolution process, they also introduce new challenges that consumers and manufacturers alike must navigate carefully. Anyone considering a Lemon Law claim should consult with an experienced attorney, like Lemon Law Attorney Sotera Anderson, to ensure compliance with the new legal framework and protect their rights under California law.

I am excited to share that I am now offering mediation services with a specialized focus on lemon law cases. With 24 years of legal experience and over 15 years handling lemon law disputes, I bring a unique and comprehensive understanding of the challenges faced by both sides of these cases.

During my career, I have had the privilege of representing both car manufacturers and consumers, spending approximately half of my lemon law practice advocating for each. This dual perspective allows me to approach mediations with insight into the priorities and pain points on both sides, facilitating fair, efficient, and practical resolutions.

I understand the frustrations and complexities that often accompany lemon law disputes. My goal as a mediator is to provide a balanced and solutions-driven process that helps parties avoid the expense and uncertainty of litigation. By leveraging my deep knowledge and hands-on experience, I aim to guide cases toward mutually beneficial outcomes.

I offer remote mediation services via video conferencing, providing convenience and accessibility to attorneys and their clients.

If you are involved in a lemon law dispute and are seeking a mediator with in-depth experience and a balanced approach, I would be honored to assist. Please feel free to reach out to discuss how I can support you or to schedule a mediation session.

I look forward to the opportunity to collaborate with you.

Warmly,

Sotera

 

Schedule a Mediation: https://soteraanderson.com/mediation-calendar/

Starting April 1, 2025, California’s Lemon Law, officially known as the Song-Beverly Consumer Warranty Act, will undergo a significant change that impacts the lemon law deadline for filing a Lemon Law lawsuit. This update alters the rights of California consumers and makes it more important than ever to be aware of your legal options if you believe you have purchased or leased a defective vehicle.

What’s Changing?

The most notable change involves the deadline—or statute of limitations—for filing a Lemon Law lawsuit. Previously, consumers had four years after the expiration of the applicable express warranty to file a lawsuit. Beginning in 2025, this will change to:

1. One year after the applicable express warranty expires, but
2. No more than six years from the date the vehicle was originally delivered to the buyer or lessee.

Why Is This Change Significant?

This shift places stricter limitations on when consumers can take legal action against a manufacturer, particularly for when defects become apparent later in the vehicle’s life. This revision drastically shortens the window to file a lawsuit for many consumers, depending on the length of their warranty. For example:

• If your vehicle has a 5-year/60,000-mile warranty, you now only have 1 year after that warranty expires to bring a claim, instead of 4 years.
• If your defect arises later in your vehicle’s life, you may still be barred from filing a claim if more than 6 years have passed since the vehicle’s delivery.

This could mean that some consumers may lose their ability to recover for legitimate vehicle defects if they delay in identifying and addressing their claims.

For example, if you bought a new 2023 Ford Bronco, one of the warranties you received was a 5 year/60,000 mile powertrain warranty.  If you experienced multiple powertrain problems, you would have to file your lawsuit before the 6 year anniversary of your purchase (1 year after the warranty expired, but no more than 6 years from purchase)

If you purchased a new 2023 Kia Sportage, one of the warranties you received was a 10 year / 100,000 mile powertrain warranty.  If you experienced multiple powertrain problems, you would have to file your lawsuit before the 6 year anniversary of your purchase (even though the powertrain warranty has not even expired yet). (sucks, I know.)

What Does This Mean for Consumers?

The new deadline is a double-edged sword for consumers. On one hand, it places increased urgency on identifying defects and pursuing legal claims promptly. On the other, it reduces flexibility, especially for consumers who may not immediately notice or experience the full impact of a defect until after several years of ownership.

For consumers who want to protect their rights, it is essential to take action as soon as they notice an issue with their vehicle. Waiting too long, even if the defect seems minor at first, could mean losing the opportunity to hold the manufacturer accountable.

What Should You Do If You Suspect Your Vehicle Is a Lemon?

Given these changes, here are some tips for navigating the new rules effectively:

1. Act Quickly: As soon as you notice recurring problems or defects in your vehicle, document them thoroughly. Keep all service records, repair invoices, and communications with the dealer or manufacturer.
2. Understand Your Warranty: Know the length and terms of your express warranty. This information will determine the deadline for filing a Lemon Law claim.
3. Consult a Lemon Law Attorney Early: Filing a Lemon Law claim can be complicated, and the new deadlines make timing even more critical. A skilled attorney can help you assess your case, navigate the legal process, and ensure you meet the new deadlines.

Why This Change Could Benefit Manufacturers

While the change tightens deadlines for consumers, it also limits the manufacturer’s liability exposure by reducing the timeframe in which claims can be brought. This gives manufacturers greater predictability in defending Lemon Law cases and may even reduce the number of lawsuits filed overall.

Final Thoughts

The changes to California’s Lemon Law coming in January 2025 represent a significant shift for consumers and their ability to hold manufacturers accountable for defective vehicles. If you’re experiencing issues with your car, don’t wait—the shortened timeline to file a lawsuit makes early action more crucial than ever.

As a California Lemon Law attorney, I’m here to help you understand your rights and take timely action to get the resolution you deserve. Contact me today for a free consultation if you believe your vehicle is a lemon. Together, we can make sure you don’t miss your chance to fight for justice under this new law.

 

 

If you’re facing car problems and suspect your vehicle may be a lemon, contact our experienced Lemon Law attorneys today for a free consultation. We are dedicated to protecting your rights and helping you seek justice in your lemon law case.

Free Quiz: click HERE

Phone: 855-965-3666

Free Case Evaluation: Email the purchase contract and all of the repair records to Info@calemonlawattorney.com

 

Disclaimer: This blog article is intended for informational purposes only and should not be considered legal advice. For accurate and up-to-date information regarding the lemon law in your jurisdiction, consult with a qualified attorney.