The short version
AB 1755, signed in September 2024, rewrote how California lemon law cases proceed, and SB 26 (April 2025) made the new procedures apply only to manufacturers that opt in. For opted-in manufacturers, consumers now face a shorter filing deadline (one year after the warranty expires, never more than six years after delivery), must send a 30-day pre-suit notice to preserve civil penalties, and must complete mediation early in the case while most discovery is paused. A standardized release form now governs buyback settlements. If a guide does not mention pre-suit notice, mediation, or the opt-in list, it describes the law as it existed before 2025.
What did AB 1755 change in California's lemon law?
AB 1755 changed the procedure of lemon law cases, not the core right to a buyback: it added a shorter limitations period, a mandatory pre-suit notice for civil penalties, early mandatory mediation with a discovery stay, and a standardized release, all now codified at Code of Civil Procedure sections 871.20 through 871.30. Your substantive rights under the Song-Beverly Act (the defect standards, the refund formula, the fee-shifting) are still governed by Civil Code sections 1790 through 1795.8, explained in our California lemon law guide.
The bill was signed September 29, 2024 and phased in during 2025. Then SB 26, signed April 2, 2025, added the twist that makes 2026 confusing: the new procedures bind only manufacturers that elect into them.
Does AB 1755 apply to my claim?
AB 1755's procedures apply to your claim only if the manufacturer of your vehicle has opted in to them under SB 26; otherwise your case proceeds under the older rules. The Department of Consumer Affairs' Arbitration Certification Program publishes the authoritative list of opted-in manufacturers, and an election binds a manufacturer for five years. As of July 6, 2026, the list shows 59 manufacturers, including General Motors, Ford, FCA US (Jeep, Ram, Dodge, Chrysler), Hyundai, Kia, Genesis, Nissan, and Infiniti, all of which elected in between late April and early May 2025; Toyota, Lexus, Honda, and Tesla are not on it. Check the current list before assuming either way: our manufacturer opt-in page walks through exactly how.
This is the single most important threshold question in a 2026 lemon law claim, because it determines your filing deadline, whether you must send notice before suing, and whether you will sit in mediation before discovery opens. An election is also not a simple permanent switch: which procedures govern can depend on the manufacturer's status for the period covering your vehicle's sale, so confirm status for your specific purchase rather than only checking today's list.
What is the difference between the old process and the new process?
Under the old process you could file suit directly, generally had four years to do it, and proceeded straight into discovery; under the new process (opted-in manufacturers) you face a one-year post-warranty deadline capped at six years from delivery, a 30-day pre-suit notice to preserve civil penalties, and mandatory early mediation while discovery is stayed. Here is the side-by-side:
| What older guides say | What the law requires now |
|---|---|
| "You generally have four years to file a lemon law claim." | For opted-in manufacturers: file within one year after the express warranty expires, and never later than six years after original delivery. See new deadlines explained. |
| "You can file suit immediately, no notice required." | To preserve civil penalties against an opted-in manufacturer, you must send a written demand at least 30 days before filing, with your name, the VIN, a summary of the problems, and a repurchase or replacement request. A defective notice can forfeit the penalty claim. See pre-suit notice rules. |
| "After filing, your lawyer starts discovery and depositions." | For opted-in manufacturers, the parties exchange core documents early, then mediate within 150 days of the answer while most discovery is stayed. See what mediation looks like. |
| "The manufacturer will demand its own broad release as part of any buyback." | Opted-in manufacturers must use a standardized Song-Beverly release; the remedy cannot be conditioned on signing anything broader. |
| "These rules apply to every automaker the same way." | The new procedures bind only manufacturers on the DCA's published opt-in list; everyone else follows the older rules. Two owners of different brands can face entirely different processes. |
Why are so many lemon law guides out of date?
Most top-ranking lemon law pages were written before 2025 and have not been substantively revised since. The Song-Beverly Act's core rules were stable for decades, so a guide written years ago about repair attempts and buybacks could sit unchanged and keep ranking. AB 1755 broke that assumption: a guide that does not discuss pre-suit notice, the opt-in list, mandatory mediation, or the new limitations period is describing a process that no longer exists for a large share of claims. Relying on one can cost you real money, most obviously by missing the shorter filing deadline or by filing suit without the notice that preserves a civil penalty worth up to two times your damages under Civil Code section 1794(c).
Before relying on any lemon law article, including this one, check its visible "last updated" date and whether it addresses the opt-in framework. This page is reviewed against the statute and the DCA list on a regular cadence, and the date at the top reflects the last substantive review.
What is SB 26 and the manufacturer opt-in list?
SB 26, signed April 2, 2025, converted AB 1755's procedures from mandatory to opt-in: a manufacturer elects in by written notice to the Department of Consumer Affairs' Arbitration Certification Program, is added to the published list within two business days of verification, and is then bound for five years. The ACP must publish the list by December 15 each year, and the webform election system is live on the DCA's website. Our opt-in list guide covers what the election means for your specific claim.
What deadlines do I face under the new law?
For an opted-in manufacturer, you must file suit within one year after your express warranty expires, and in no event later than six years after the vehicle was originally delivered. On top of that sits the 30-day pre-suit notice clock if you want civil penalties, which as a practical matter means starting the process at least 60 to 90 days before any deadline. The math gets unintuitive fast (long powertrain warranties can be cut short by the six-year cap), so we built worked examples showing how the deadlines land on real purchase dates.
What happens in mandatory mediation?
For opted-in manufacturers, both sides must schedule mediation within 90 days after the manufacturer answers the complaint and complete it within 150 days, and most discovery is paused until mediation concludes. Before mediation, the parties exchange the core documents (your repair orders and purchase contract, the manufacturer's warranty records), and the manufacturer may inspect the vehicle. Many cases resolve at this stage; if yours does not, the stay lifts and the case proceeds like traditional litigation. Our mediation guide explains what to expect as a consumer, session by session.
Do the AB 1755 changes help or hurt consumers?
Both, depending on your situation and how carefully your claim is handled. The compressed timeline and early mediation can produce a buyback in months rather than years, and the standardized release stops manufacturers from demanding overbroad settlement terms. But the shorter limitations period quietly eliminates claims that would have been timely under the old rules, and the pre-suit notice requirement creates a trap: an incomplete or misdirected notice can forfeit civil penalties before the case even starts. The new process rewards early, precise action and punishes waiting.
Not sure which rules govern your claim?
Tell us the basics and we will check the opt-in status and deadlines for your vehicle. Free and confidential. Or call 831-262-2847.