Lemon Law in the San Fernando Valley: what to do when your new car keeps breaking down

If your vehicle has been in the shop for the same defect again and again, you may be owed a refund or a replacement.

If your new car keeps breaking down and the dealer cannot fix it, California's lemon law may require the manufacturer to replace the vehicle or refund you. The law applies across the state, so it covers drivers in the San Fernando Valley the same as anywhere else in California. What matters is what is wrong with the car, how many times it has been repaired, and what your records show.

What is California's lemon law?

California's lemon law is part of the Song-Beverly Consumer Warranty Act. In plain terms, when a new vehicle has a defect covered by the warranty, the manufacturer gets a reasonable chance to fix it. If it cannot repair the problem after a reasonable number of attempts, the law generally gives the owner a right to a replacement vehicle or a refund.

The defect has to be a real one that substantially affects the car's use, value, or safety. A rattle you can barely hear is different from brakes that fail or a transmission that will not shift.

How many repair attempts is "enough"?

There is no single magic number, but the law sets out situations where a car is generally presumed to be a lemon. They usually apply when the problems show up within the first 18 months or 18,000 miles, and one of these is true:

• The same serious safety problem was repaired at least twice and is still there.
• The same problem was repaired at least four times and still has not been fixed.
• The car has been out of service for repairs for more than 30 days in total.

In some cases the presumption also depends on notifying the manufacturer directly, so check what your warranty booklet says about that.

Missing these marks does not automatically end your claim. Courts look at the full picture, and there are exceptions. If you are unsure where your car stands, it is worth asking.

What should I do first when my new car keeps breaking down?

Here is what to do, starting today:

1. Keep every repair order. Each time the car goes to the dealer, get a written work order that lists your complaint, the dates the car was dropped off and picked up, and what was done.
2. Describe the problem clearly. Make sure the order states the symptom in your words, even if the dealer says "could not duplicate." A record of the complaint still matters.
3. Save your paperwork. Keep the purchase or lease contract, the warranty booklet, and any emails, texts, or letters with the dealer or manufacturer.
4. Write down what happens. Note dates, warning lights, breakdowns, tow trucks, rental cars, and any time you felt unsafe driving.
5. Keep taking the car in. Report the problem to an authorized dealer each time it returns, so each attempt is documented.

Does lemon law cover leased cars and used cars?

Leased vehicles are generally covered. Used vehicles are harder. Coverage usually turns on the warranty that came with your purchase, for example a new or certified warranty issued at the sale, and not only on whatever is left of the original factory warranty. A quick review of your documents is the best way to know.

What can I get if my car is a lemon?

If a claim succeeds, the law generally allows the owner to choose between a replacement vehicle and a refund, which can include things like what you paid and certain related costs, with adjustments for the miles you drove before the problem appeared. The exact result depends on the facts of each case, and no outcome can be promised.

Cost should not keep you from asking. If the claim succeeds, California law requires the manufacturer to pay your reasonable attorney's fees and costs.

Should I wait for one more repair attempt?

Waiting can cost you. Deadlines apply to lemon law claims, and the clock does not stop because the dealer keeps scheduling another visit. Memories fade and papers get lost. Gathering your records and getting an opinion earlier usually leaves you with more options, not fewer.

When to call a lawyer

If your new car has been in the shop more than once for the same problem, or it has a problem that makes you feel unsafe, it is reasonable to talk to a lawyer. Toros Law Firm handles lemon law matters for clients across California and can speak with you in English, Armenian, or Spanish.

The first consultation is free. Our team can look over your repair orders and tell you plainly where you stand. You can reach the firm at (818) 641-5221, Monday through Friday, 9am to 5pm Pacific. There is no pressure to decide anything on the call.

This article is general information about California law, not legal advice. Reading it does not create an attorney-client relationship, and every case depends on its own facts.