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Navigating California’s New Lemon Law: What AB 1755 Means for You

drostamkhani

Hello, California drivers! 🚗🍋


Starting January 1, 2025, California’s Lemon Law is getting a tune-up with Assembly Bill 1755 (AB 1755). Let’s break down these changes in a way that’s as smooth as your car’s ride should be.


1. Statute of Limitations:


Time is of the essence! Under AB 1755, you have:

One yearafter your vehicle’s warranty expires to file a claim.

No more than six yearsfrom the car’s original delivery date to take action.


For example, if you bought your car on January 1, 2020, with a warranty lasting until January 1, 2025, you’d need to file any claims by January 1, 2026. Even if issues pop up later, the six-year limit applies. However, if your car is in the shop for repairs or you’ve sent a pre-suit notice, the clock might pause temporarily.


2. Pre-Suit Notice Requirement:


Starting April 1, 2025, before heading to court, you’ll need to:

• Send a written notice to the manufacturer at least 30 daysbefore filing a lawsuit seeking civil penalties.

• Include your name, Vehicle Identification Number (VIN), a summary of the repair history and vehicle issues, and a request for repurchase or replacement.


The manufacturer then has 30 days to respond. If they agree to repurchase or replace your vehicle, they must do so within 60 days of receiving your notice.


3. Streamlined Settlements:


AB 1755 introduces a standardized process to make settlements clearer and quicker. If the manufacturer doesn’t complete the repurchase or replacement within 30 days of receiving the signed release, they could face daily penalties of $50 until the settlement is finalized.


4. Early Document Exchange:


To speed things up, both parties must share key documents early in the process. Within 60 days after the filing of the answer or other responsive pleading, all parties must provide an initial disclosure and the documents specified in the statute—without awaiting a discovery request. This includes repair orders, warranties, and pre-suit communications.


5. Mandatory Mediation:


Before heading to court, mediation is now a must. Within 90 days after the filing of the answer or other responsive pleading, the parties must schedule mediation, which should occur within 150 days. This step aims to resolve disputes amicably and efficiently.


6. Focused Depositions:


Depositions are now more structured. Within 120 days after the filing of the answer or other responsive pleading, all parties are entitled to conduct initial depositions of the plaintiff and defendant (or the person most qualified to testify on their behalf). Each deposition is limited to two hours and specific topics, including the vehicle’s history, repairs, and communications with the manufacturer.


Why These Changes?


With a surge in Lemon Law cases—from about 15,000 in 2022 to over 25,000 in 2024—the system needed a revamp to ensure timely resolutions for consumers. AB 1755 aims to make the process more efficient and transparent.


Stay Informed:


Remember, staying informed is the key to ensuring your rights are protected. If your vehicle is acting more like a lemon than a reliable ride, these new rules are here to help you squeeze the most out of your consumer protections.


Safe driving, California! 🚗✨

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