Under the Tanner Consumer Protection Act (California Civil Code Section 1793.22), if one or more of the following are true within 18,000 miles or 18 months of purchasing or leasing the vehicle – whichever occurs first – it is presumed that a reasonable number of repair attempts have been made:
The defect or “nonconformity to warranty” results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the defect has been subject to two or more repairs.
The defect has been subject to repairs four or more times by the manufacturer or its agents, and the consumer has notified the manufacturer of the need for repairs.
The vehicle is out of service due to defect repairs for a total of more than 30 calendar days (not necessarily in a row).
The Lemon Law presumption can apply to new cars, as well as leased and purchased vehicles. It does not matter whether the vehicle is a car, pickup truck, van, or SUV. Note that while the Lemon Law presumption offers another layer of protection to consumers, it is not necessary to satisfy one of these requirements. Many successful cases involve vehicle repair attempts that are made after the presumption period.