Engine problems and California's lemon law: oil burning, stalling and the check-engine light that keeps coming back

If your engine is burning through oil between changes, stalling at intersections, losing power on the freeway or turning on the check-engine light again a week after the dealer "fixed" it, you may have a claim under California's lemon law. The Song-Beverly Consumer Warranty Act requires a manufacturer that cannot repair a covered defect after a reasonable number of attempts to buy back or replace the vehicle.

This guide explains which engine problems count, how dealers document them, how visits are counted, what reported recalls and cases show, and what to bring to a lawyer. It is general information about California law as of October 2026, not legal advice about your vehicle.

What engine problems count under the lemon law?

A lemon law claim needs a "nonconformity": a defect covered by the manufacturer's warranty that substantially impairs the use, value or safety of the vehicle (Civil Code § 1793.22(e)(1)). The engine is normally covered by both the basic warranty and the longer powertrain warranty, and emissions parts may carry their own coverage. Check your warranty booklet for the years and miles that apply.

Engine problems drivers commonly report include:

• Excessive oil consumption: the oil level drops between changes, a low-oil warning appears, or you have to add oil regularly.
• Stalling: the engine shuts off while driving, idling or slowing to a stop, or will not restart.
• Loss of power or "limp mode": the engine suddenly cuts power, often with a warning message.
• Misfires and rough running: shaking at idle, stumbling under acceleration, a flashing check-engine light.
• Knocking, ticking or other internal noises, sometimes followed by major internal damage.
• Overheating and coolant loss without a visible leak.
• A check-engine light that keeps returning after codes are cleared or parts are replaced.

You do not have to prove the root cause. The standard California jury instruction tells jurors a buyer does not need to prove the cause of a defect (CACI No. 3201). Whether a problem is a substantial impairment is judged by a reasonable person in the buyer's situation, considering the nature of the defect, the time and cost of repairs, whether past repairs worked and whether the car could be used in the meantime (CACI No. 3204).

Stalling is a safety problem

An engine that shuts off in traffic is not just an inconvenience. When the engine stops, power-assisted steering and brakes can become much harder to use. In a reported California case, Anderson v. Ford Motor Co., the buyers of a 2005 Ford F-250 with a 6.0-liter diesel described repeated engine and air-management problems, including a failure at an intersection where the driver "lost his steering and brakes." The jury awarded the $47,715.60 purchase price, a $30,000 Song-Beverly civil penalty and $150,000 in punitive damages on a separate claim, and the trial court awarded $643,615 in attorney's fees. The Court of Appeal affirmed in February 2022.

Because stalling and sudden loss of power can be likely to cause death or serious bodily injury, they may qualify for the lemon law's shorter two-attempt presumption. Our guide to safety defects and the two-attempt rule explains how that works and why direct written notice to the manufacturer matters.

Engine defects in reported recalls and cases

Recalls and class actions do not make any particular vehicle a lemon, and they do not show that a brand's vehicles are generally defective. They can help explain your symptoms and your repair history. Examples:

• Oil consumption class action against GM. In 2022 a federal jury in San Francisco returned a $102.6 million verdict for owners in California, North Carolina and Idaho of 2011–2014 GM trucks and SUVs with the Generation IV Vortec 5300 (LC9) engine, who alleged the engines used too much oil, according to CNBC. GM said it did not believe the verdict was supported by the evidence and planned to appeal. This was a class action, not a lemon law case, and we have not confirmed how any appeal was resolved.
• Engine valve recall. NHTSA recall 24V-635 covers certain 2021–2022 Ford vehicles with 2.7L or 3.0L EcoBoost engines whose intake valves may break, causing engine failure and loss of drive power.
• Fuel pump stalls. A 2025 NHTSA recall of certain Ford Broncos (25V-455) describes a low-pressure fuel pump that may fail and cause the engine to stall while driving.
• GM 6.2L V8. NHTSA recall 25V-274 (April 2025) covers 597,571 2021–2024 GM trucks and SUVs with the 6.2L V8 whose connecting rod or crankshaft may have manufacturing defects that can cause engine failure; see our 6.2L engine lemon law guide.

To see recalls and complaint patterns for your vehicle, use our recall and complaint lookup or enter your VIN at nhtsa.gov/recalls.

How dealers document engine complaints

Every warranty repair order must include a printed notice of your warranty rights, and you must receive a copy when warranty work is done (Civil Code § 1793.1). Engine complaints tend to produce a few kinds of entries:

• "Could not duplicate" or "no codes stored." Stalls and power losses are often intermittent. The visit still counts: under CACI No. 3202, each time the vehicle was given to the manufacturer or its authorized repair facility for repair counts as an opportunity to repair, even if no repair work was done.
• Codes "cleared." If the check-engine light was on, ask that the diagnostic trouble codes be printed on the repair order before they are cleared. A code that returns after a repair shows the same defect came back.
• Oil consumption tests. If the dealer asks you to return after a set number of miles so it can measure oil use, that is part of diagnosing your complaint. Keep the paperwork that shows when the test started and ended and what it found.
• Technical service bulletins (TSBs). A TSB tells dealers how to diagnose or repair a known condition. If the repair order cites a bulletin, keep the number. NHTSA lists manufacturer communications alongside recalls and complaints when you search a vehicle on nhtsa.gov.
• "Customer concern: maintenance." Dealers sometimes blame oil use or engine damage on missed oil changes. Your maintenance receipts answer that.
• Extended coverage. When a manufacturer adopts a program extending coverage for a known engine condition, California requires it to notify eligible owners by first-class mail within 90 days and reimburse owners who already paid for covered repairs (Civil Code § 1795.92).

Describe the symptom the same way at every visit so the repair orders connect.

The repair-attempt math for engine problems

Under the Tanner Act, Civil Code § 1793.22(b), a reasonable number of repair attempts is presumed if, within 18 months of delivery or 18,000 miles, whichever comes first:

1. a defect likely to cause death or serious bodily injury if the vehicle is driven has been subject to repair two or more times, and you directly notified the manufacturer at least once;
2. the same defect has been subject to repair four or more times, and you directly notified the manufacturer at least once; or
3. the vehicle has been out of service for repair of defects for more than 30 cumulative calendar days.

The direct-notice requirement applies only if the manufacturer clearly disclosed it in the warranty or owner's manual. The presumption is not the only route to a claim. Many engine defects, such as oil consumption, show up after 18 months or 18,000 miles, and a buyer can still prove that the manufacturer had a reasonable number of attempts. The standard jury instruction requires at least two opportunities in most cases (CACI No. 3202). If your problem started late in the warranty, see our guide to the lemon law after the warranty expires.

A hypothetical example. James buys a new truck for $52,000. At 9,000 miles he reports adding oil every 1,500 miles; the dealer starts an oil consumption test. At 12,000 miles the test shows high use, and the dealer replaces piston rings. At 22,000 miles the low-oil light returns. At 26,000 miles the dealer replaces the engine, and the truck is in the shop for 24 days. He is outside the 18-month, 18,000-mile window for the later visits, but three documented attempts on the same defect, including an engine replacement, may still be reasonable. His mileage offset would use the 9,000 miles at the first visit: $52,000 × 9,000 ÷ 120,000 = $3,900. These numbers are illustrative only.

What a buyback includes

A repurchase generally refunds the price paid or payable, taxes, registration and incidental costs such as towing and rentals, minus the mileage offset (Civil Code § 1793.2(d)(2)). You may choose a replacement instead. If the manufacturer willfully fails to comply, a court can add a civil penalty of up to two times actual damages, and a buyer who wins recovers reasonable attorney's fees and costs (Civil Code § 1794). Try the numbers in our buyback calculator.

What to bring to a lawyer

• Your purchase or lease contract and warranty booklet.
• Every repair order for the engine problem, from every dealer, including "could not duplicate" visits and oil consumption test paperwork.
• Oil change and maintenance receipts, with dates and mileage.
• Photos of the dashboard warnings, and a log of each stall: date, place, speed and what happened.
• Towing, rental and rideshare receipts, and a calendar of days in the shop.
• Recall notices, extended-coverage letters and case numbers from the manufacturer's customer line.

Deadlines

For manufacturers that opted in to the 2025 procedures, a lawsuit generally must be filed within one year after the warranty expires and no later than six years after delivery, with time added for days in the shop (Code of Civil Procedure § 871.21). A buyer seeking civil penalties must first send written notice at least 30 days before suing (§ 871.24). Which manufacturers opted in is reported, so check the Department of Consumer Affairs list. For other manufacturers, the deadline is generally four years under the Commercial Code's warranty statute of limitations, and tolling rules can apply. Call promptly.

How LaCour handles engine lemon law claims

LaCour Trial Lawyers handles California lemon law claims statewide, in English and Spanish, with trial counsel leading each case. When a claim succeeds, the manufacturer pays the buyer's attorney's fees and costs. Send us your repair orders for a free, confidential review.

Frequently asked questions

This guide is general information about California and federal law and about public records as of its date. It is not legal advice, and reading it or contacting us does not create an attorney–client relationship. Allegations in lawsuits are claims, not findings. Prior results do not guarantee a similar outcome. Attorney advertising.