Assemblymember Kalra, Senator Umberg Author AB 1755 to Reform California’s “Lemon Law,” Relieving Pressure On State Courts

For immediate release:

Wednesday, August 21, 2024

SACRAMENTO - Assemblymember Ash Kalra (D-San José) and Senator Tom Umberg (D-Santa Ana) introduced AB 1755 today, legislation that aims to establish practical reforms to California's "Lemon Law."

"AB 1755 ensures California's "Lemon Law" remains the strongest in the nation, by streamlining and expediting the process for consumers to get their money back - or get a new car - when their vehicle has a serious defect the manufacturer can't fix," said Assemblymember Ash Kalra. "I am proud to author this legislation, which represents a rare opportunity to bring a diverse group of stakeholders together and forge policies that protect access to justice by putting people first."

"Californians who buy a brand new car that turns out to be a lemon should not have to suffer through lengthy court proceedings - often waiting for months on end - just to get their money back or get a new car," said Senator Tom Umberg. "AB 1755 is a necessary step towards streamlining and strengthening California's "Lemon Law" to get drivers out of the judicial system and back on the road more quickly."

California's "lemon law," passed in 1982 as part of the Song-Beverly Consumer Warranty Act, provides strong remedies for consumers. However, unprecedented lemon law filings in recent years, along with unproductive delay tactics by some parties, have slowed down the judicial process to the detriment of consumers, the courts, and manufacturers. This legislation seeks to improve current procedures so consumers can get remedies within months rather than years. With these amendments, California would address urgent problems in the handling of lemon law cases, while remaining a national leader in consumer auto rights.

"CAOC's top priority is to make sure consumers can exercise their lemon law rights quickly and fairly," said Nancy Drabble, CEO of Consumer Attorneys of California. "These reforms with the new fast track deadlines and procedures will make our Lemon Law easier for consumers to use while continuing to lead the nation in safeguarding consumers' rights."

"With lemon law and really all cases, it is critical that public resources dedicated to the judicial branch be utilized economically and efficiently, in order to ensure access to justice," said Santa Clara County Superior Court Justice Erica Yew, President of the California Judges Association. "This bill will reduce unnecessary motions while providing earlier resolution for litigants."

"We appreciate the opportunity to work with stakeholders on policies to better protect our customers," said Kia Floyd, GM vice president of state & local public policy. "AB 1755 is a pro-consumer bill that will help impacted customers get back on the road faster. These common-sense reforms will close the loopholes in California's "Lemon Law" that slow down the repurchase process for customers with legitimate claims and that clog up the court system."

"In recent years, our members have seen lemon law cases increase geometrically in some areas of the state, causing growing delays in other civil matters," said Renée Welze Livingston, President of the California Defense Counsel. "These changes will permit us to vigorously represent lemon law defendants while helping prevent further court congestion."

AB 1755 fact sheet can be found here.

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Assemblymember Ash Kalra represents California's 25th Assembly District, which encompasses the majority of San José, including downtown and open space areas in southeast Santa Clara County. He was first elected in 2016, becoming the first Indian American to serve in the California Legislature in state history, and was re-elected to his fourth term in 2022. Assemblymember Kalra is the Chair of the Committee on Judiciary and also serves as a member on the Housing and Community Development, Local Government, and Natural Resources committees.