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California’s lemon law landscape shifted with the passage of AB 1755. If you own a vehicle that keeps failing despite repeated repair attempts, you need to understand what this law requires before you seek civil penalties. Missing a step could forfeit your ability to seek civil penalties.
This guide breaks down what AB 1755 actually does, what the pre-lawsuit notice requirement means for you as a San Diego driver, and how to move through the process without stumbling over a procedural trap.
What Is AB 1755?
AB 1755 is a California law that added a pre-lawsuit notice requirement to the Song-Beverly Consumer Warranty Act, the state’s lemon law.
Signed into law and with its pre-suit notice provision operative as of April 1, 2025, AB 1755 added a new Chapter 12 to the Code of Civil Procedure, sections 871.20–871.30, requiring consumers to notify opted-in manufacturers in writing before seeking civil penalties in a lemon law lawsuit. This is a significant procedural shift from how claims worked before. Previously, consumers could go directly to litigation after their repair attempts failed. Now, there is a mandatory notice step that must happen first if you intend to seek civil penalties against an opted-in manufacturer.
The law applies to claims brought under the Song-Beverly Consumer Warranty Act, which covers new and certified pre-owned vehicles, including new motor vehicles, motor homes, and travel trailers from manufacturers that opt into the framework. If your vehicle qualifies as a lemon and you intend to seek civil penalties against an opted-in manufacturer, you must send this notice by email to the manufacturer’s designated notice email or by certified/registered mail, return receipt requested, to the address in the owner’s manual or warranty booklet.
What Does the Pre-Lawsuit Notice Require?
The notice must be sent to the manufacturer in writing before seeking civil penalties, and they must be given 30 days to respond with a repurchase or replacement offer.
Under AB 1755, the written notice must include specific information about your vehicle and your claim. At minimum, the notice needs to identify:
- The consumer’s name and accurate VIN
- A brief summary of repair history and problems
- A demand that the manufacturer repurchase or replace the vehicle
Once the manufacturer receives your notice, they must complete the transaction within 60 days. If they make a reasonable offer during that window, certain fee-shifting provisions under the Song-Beverly Act may be affected. You may pursue remedies, including civil penalties, provided you comply with the remaining statutory requirements, such as vehicle possession and documentation.
This matters in a practical sense: sending a vague or incomplete notice, or skipping it entirely, can create problems down the road that are hard to fix.
Why Did California Add This Requirement?
The legislature designed this step to push manufacturers toward earlier settlements and reduce unnecessary litigation.
The stated goal of AB 1755 is to give manufacturers a formal, structured opportunity to resolve valid lemon law claims before they reach the courthouse. In theory, this benefits consumers too. A faster resolution means getting your money back or a replacement vehicle sooner, without months of litigation.
But the requirement also creates real risk. Manufacturers and their legal teams are experienced at using procedural missteps against consumers. A notice that is missing required information or that was sent to the wrong address can become a dispute in itself. This is one reason why working with an attorney before sending the notice, not just before filing suit, has become increasingly important under the new framework.
What Happens If You Skip the Notice?
Skipping the pre-suit notice does not automatically bar a lawsuit for restitution or replacement, but it generally prevents you from seeking civil penalties.
If you file a lawsuit without first sending the notice required by AB 1755, you can still pursue a claim for vehicle restitution or replacement, but you will generally be barred from recovering civil penalties under Civil Code § 1794(c). With California’s statute of limitations for lemon law claims already a factor, losing time to a procedural error is not a risk worth taking.
The safest approach is to treat the pre-lawsuit notice as the official starting gun for your claim, not an afterthought. Everything that follows, including the negotiation, any arbitration, and any litigation, flows from how well that first step is handled. Understanding how many repair attempts are required under California lemon law is equally critical at this stage, since your notice must accurately document what happened.
How Does AB 1755 Affect San Diego Consumers Specifically?
San Diego vehicle owners must follow the same statewide pre-lawsuit notice rules, which local courts will enforce.
San Diego is a high-volume market. Whether you bought your car at a dealership along Mission Valley’s auto row or financed a truck in Chula Vista, the same AB 1755 rules apply. The San Diego Superior Court handles lemon law disputes filed in this county, and judges there will expect procedural compliance.
One thing to keep in mind: the notice must be sent via email to the manufacturer’s prominently displayed notice email or by certified/registered mail, return receipt requested, to the specific address listed in the owner’s manual or warranty booklet.
For context on what your overall claim process may look like, our lemon law blogs cover a range of issues San Diego consumers face, from software and electrical defects to understanding the buyback calculation process.
Talk to San Diego Lemon Law Before You Send Anything
AB 1755 added a layer to the lemon law process that rewards preparation. The pre-lawsuit notice is not just a formality; it is a legal document that can shape everything that follows.
San Diego Lemon Law handles California lemon law claims for consumers throughout San Diego County. I review your repair history, help build your notice, and pursue the outcome you are entitled to under the Song-Beverly Act. If you think your vehicle qualifies, call me at 619-434-0819 or contact me to get started.
