One of the most frequent questions in lemon law is: "How many times do I have to bring the car in?" The answer in California is specific, and knowing it can significantly accelerate your claim process.
The "Reasonable Number" Presumptions
California has specific presumptions that work in your favor: 2-attempt presumption: if the same defect could cause death or serious bodily injury (brakes, steering, engine problems causing loss of control), 2 repair attempts create the lemon presumption. 4-attempt presumption: for other substantial defects, 4 attempts for the same problem create the presumption. 30-day presumption: if the vehicle has been out of service 30 cumulative days within the warranty period, the presumption also applies.
Important: These Are "Presumptions," Not Absolute Requirements
These numbers create presumptions that can be rebutted by the manufacturer. But it also means you don't necessarily need to reach those numbers to have a case, if you can demonstrate the number of attempts was "reasonable" given the defect and circumstances, you may qualify with fewer attempts.
How to Count Repair Attempts Correctly
For a repair attempt to "count": it must be for the same substantial defect (not different problems), it must be performed by an authorized manufacturer dealer, and it must be documented with a repair order. Keep ALL repair orders, they are the foundation of your case.