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California · Lemon Law Timeline

How long does a lemon law case take in California?

Some lemon law claims end within weeks of a written demand. Others go through a lawsuit, mediation and, rarely, trial. This guide walks through each stage, the deadlines the law now sets, what speeds a case up and what slows it down.

When your car is in the shop again, the first question is usually how long a lemon law case takes in California, and whether you will be stuck with the car the whole time. There is no single answer. Some claims settle shortly after the manufacturer receives a written demand. Others need a lawsuit, and a few go to trial. The length depends mostly on the repair records, the manufacturer, and whether the two sides agree on the numbers.

What has changed is that California law now sets specific clocks for several stages. Since 2025, manufacturers that opted in to new procedures must respond to a pre-suit notice within set deadlines, and lawsuits against them move to mediation on a schedule. This guide explains each stage, which deadlines are written into law, what speeds a case up or slows it down, whether you should keep driving, and the ways these cases usually end. It is general information as of October 2026, not legal advice.

Why there is no single timeline

Many websites give a range of months for lemon law cases. We have not found reliable public data on how long California lemon law cases take from start to finish, so we do not give one. What we can tell you is which steps have deadlines set by statute, and which depend on the court, the manufacturer and the facts.

One factor is volume. According to a December 2025 Lex Machina analysis, plaintiffs filed more than 17,000 lemon law claims in the Los Angeles and Orange County superior courts in 2024, more than three times as many as in 2021. Busy courts can mean later hearing and trial dates.

Stage 1: The repair history

Every lemon law case begins at the dealership. The law asks whether the manufacturer, through its authorized repair facilities, had a reasonable number of chances to fix a defect covered by the warranty. This stage is on your schedule and the defect's, not a court's. It can be two visits for a serious safety defect or many visits over many months for an intermittent problem.

How well this stage is documented decides how fast every later stage goes. Get a repair order for every visit, even when the dealer says it could not reproduce the problem. Make sure the order describes your complaint in your words, and note the mileage. A complete set of repair orders is the single biggest thing that speeds a case.

Stage 2: Written notice to the manufacturer (AB 1755 cases)

For manufacturers that elected to follow the procedures created by AB 1755 and SB 26, Code of Civil Procedure § 871.24 requires a written notice before you can sue for civil penalties. The rules, operative since July 1, 2025, are:

  • The notice goes to the manufacturer at least 30 days before a lawsuit, by email to the address on its website or by certified or registered mail to the address in the owner's manual or warranty booklet.
  • It includes your name, the VIN, a short summary of the repair history and problems, and a demand to repurchase or replace the vehicle.
  • The manufacturer has 30 days after receiving it to offer restitution or replacement, plus reasonable attorney's fees and costs if you have a lawyer.
  • If it makes an offer, the buyback or replacement must be completed within 60 days of when it received the notice.

So for opted-in manufacturers, a case that resolves at this stage can be finished within about two months of the notice. The Department of Consumer Affairs says agreed restitution or replacement must be processed within 30 days of a signed release, and that the loan or lease payoff, attorney's fees and any civil penalty are paid within one business day after the vehicle is returned. Our guide to the 2025 lemon law changes under AB 1755 explains which manufacturers this applies to and what goes in the notice.

If the manufacturer did not opt in, the older procedures still apply. A manufacturer may instead run a state-certified arbitration program. The Department of Consumer Affairs says decisions in those programs are typically issued within 40 days after a claim is accepted. Using such a program is a choice you should discuss with a lawyer first.

Stage 3: Filing the lawsuit and early disclosures

If the manufacturer does not make an acceptable offer, the next step is a lawsuit. For opted-in manufacturers, CCP § 871.26 sets a fast early schedule, counted from the day the manufacturer files its answer:

  • Within 60 days, both sides exchange initial disclosures and documents without waiting for formal requests.
  • Within 120 days, each side may take a short initial deposition of the other, limited to two hours.
  • Other discovery is on hold until mediation is over.

The statute backs these deadlines with sanctions against lawyers on either side who do not comply, which is meant to keep cases moving.

Stage 4: Mediation

Under the same section, the parties must schedule mediation within 90 days after the answer is filed, and the mediation must take place within 150 days of the answer. Mediation is a meeting with a neutral person who helps both sides try to reach a settlement. Many lemon law cases are resolved there, though no public source we found reports how many.

Stage 5: Full litigation and trial

If mediation fails, normal discovery rules apply. This is the stage with no fixed clock. Each side can request more documents, take further depositions, hire experts to inspect the vehicle, and bring motions. Trial dates are set by the court and depend on its calendar. Most cases still settle before trial, often after a key deposition or vehicle inspection. A firm that is prepared to try the case tends to get better offers at every earlier stage.

What speeds a case up, and what slows it down

Things that usually help:

  • A complete repair history, with every repair order and the mileage on each.
  • A clear defect that shows up on scan data, in a technical bulletin or on video.
  • A correct pre-suit notice sent to the right address, if the manufacturer opted in.
  • Loan or lease payoff information ready, so the manufacturer can pay the lender quickly.

Things that usually slow it down:

  • Missing repair orders, or visits where the complaint was never written down.
  • Disputes over the mileage offset, aftermarket parts, damage to the vehicle or attorney's fees.
  • A manufacturer that contests whether the defect exists or was repaired.
  • Selling or trading in the vehicle in the middle of the claim.
  • Court congestion, which varies by county.

Should I keep driving the car?

Generally, yes, if it is safe. Keep up with normal maintenance, keep it insured, and keep taking it in for every repair. Miles you drive after the first repair visit for the defect do not increase the mileage offset under Civil Code § 1793.2(d)(2)(C), because only miles before that first visit count. If the defect affects brakes, steering, power or anything else that makes the vehicle unsafe, stop driving it and have it towed to the dealer.

Do not sell or trade in the car without talking to a lawyer. In opted-in cases, § 871.24 requires you to keep the vehicle for at least 30 days after the manufacturer receives your notice, and for the full 60 days if it makes an offer. Selling it can also limit your right to civil penalties.

How lemon law cases usually end

  • Repurchase (buyback). The manufacturer takes the vehicle back, refunds what you paid as the statute describes, pays off the loan or lease, and subtracts the mileage offset. Our lemon law buyback calculator gives a rough estimate.
  • Replacement. You receive a substantially identical vehicle instead of a refund. The choice between a refund and a replacement is yours.
  • Cash and keep. Some cases settle for a cash payment while you keep the vehicle. This can make sense when the defect has finally been fixed or you like the car, but it usually ends your claim about that defect.

In each, the manufacturer generally pays your reasonable attorney's fees and costs on top of what you receive. Read any release carefully before signing it.

Taxes. Whether any part of a settlement is taxable depends on what the payment replaces. The IRS says so in Publication 4345, Settlements – Taxability. We do not give tax advice. Ask a tax professional before you file the year you settle.

Leased or used vehicle?

The stages are the same for a leased vehicle, but the payoff goes to the leasing company; see lemon law for leased cars in California. If you bought the car used, first check whether a buyback is available at all after the 2024 Rodriguez decision in our guide to used car lemon law in California.

How LaCour handles lemon law cases

We move fast on the parts we control: the records, the notice and the demand. We are trial lawyers, and manufacturers know it. The review is free, in English or Spanish, and the manufacturer pays our fees when you win. Learn more about our California lemon law practice.

Frequently asked questions

How long does a lemon law case take in California?

It varies. For manufacturers that opted in to the 2025 procedures, the manufacturer has 30 days after a written notice to make an offer and 60 days to complete a buyback or replacement. If a lawsuit is filed, mediation must take place within 150 days after the manufacturer's answer. Cases that do not settle there can take considerably longer.

What is the fastest a lemon law claim can be resolved?

The fastest path is usually an offer in response to a written notice. For opted-in manufacturers, the law requires an offer within 30 days and completion within 60 days of the notice. Complete repair records make that outcome more likely.

Do lemon law cases go to trial?

Most do not. Many settle after the written notice, at mediation, or after key depositions or a vehicle inspection. Some do go to trial when the manufacturer will not make a fair offer.

Can I keep driving my car during a lemon law case?

Generally yes, if it is safe. Miles driven after the first repair visit for the defect do not increase the mileage offset. If the defect makes the car unsafe, stop driving and have it towed to the dealer.

Can I sell or trade in my car during a lemon law claim?

Talk to a lawyer first. If the manufacturer opted in to the 2025 procedures, you must keep the vehicle for at least 30 days after the notice, and 60 days if an offer is made. Selling the vehicle can also limit civil penalties.

Is a lemon law settlement taxable?

It depends on what the payment replaces. IRS Publication 4345 explains that the tax treatment of a settlement depends on the facts. Ask a tax professional; we do not give tax advice.

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.

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