Amended by Stats. 1971, Ch. 244.
As used in this chapter, “person” includes an unincorporated association.
Chapter 12 - Actions for Restitution for or Replacement of Certain Motor Vehicles
California Code of Civil Procedure — §§ 871.20-871.30
Sections (13)
Amended by Stats. 2000, Ch. 688, Sec. 7. Effective January 1, 2001.
(a)An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant cross-complains for relief under this chapter shall be treated as a limited civil case if the cross-complaint is defensive and the case otherwise satisfies the amount in controversy and other requirements of Section 85.
(b)In
every case, the burden is on the good faith improver to establish that the good faith improver is entitled to relief under this chapter, and the degree of negligence of the good faith improver should be taken into account by the court in determining whether the improver acted in good faith and in determining the relief, if any, that is consistent with substantial justice to the parties under the circumstances of the particular case.
Amended by Stats. 2025, Ch. 1, Sec. 2. (SB 26) Effective April 2, 2025.
(a)Notwithstanding any other law, this chapter applies to an action, brought against a manufacturer who has elected under Section 871.29 to proceed under this chapter, seeking restitution or replacement of a motor vehicle pursuant to subdivision (b) or (d) of Section 1793.2, Section 1793.22, or Section 1794 of the Civil Code, or for civil penalties pursuant to subdivision (c) of Section 1794 of the Civil Code, where the request for restitution or replacement is based on noncompliance with the applicable express warranty.
(b)This chapter does not apply to service contract claims under Section 1794 of the Civil Code or any action seeking remedies that are not restitution or replacement of a motor vehicle.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
(a)An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty.
(b)Notwithstanding subdivision (a), an action covered by Section 871.20 shall not be brought later than six years after the date of original delivery of the motor vehicle.
(c)The time periods prescribed in subdivisions (a) and (b) shall be tolled as follows:
(1)As provided by tolling requirements prescribed in subdivision (c) of Section 1793.22 of the Civil Code, as applicable.
(2)For the time the motor vehicle is out of service by reason of repair for any nonconformity.
(3)For the time period after a pre-suit notice is provided to the manufacturer in accordance with Section 871.24, which time period shall not exceed 60 days.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
For purposes of this chapter, the following definitions apply:
(a)“Applicable express warranty” means the written warranty provided by the manufacturer at the time of delivery of the subject motor vehicle, which provides coverage for the specific nonconformity at issue in the action, subject to the terms and exclusions of that warranty.
(b)“Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods or motor vehicles.
(c)“Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods or motor vehicles.
(d)“Motor vehicle” includes any of the following:
(1)A motor home, as defined in paragraph (3) of subdivision (e) of Section 1793.22 of the Civil Code.
(2)A new motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22 of the Civil Code.
(3)A travel trailer.
(e)“Travel trailer” means a vehicular unit without motive power that is
designed to be towed or carried by a motor vehicle. “Travel trailer” does not include a mobilehome.
(f)“Warrantor” means any entity or person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
For purposes of this chapter, any reference to a manufacturer also applies to a distributor or warrantor.
Amended by Stats. 2025, Ch. 1, Sec. 3. (SB 26) Effective April 2, 2025. Operative July 1, 2025, by its own provisions.
(a)At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following:
(1)Notify the manufacturer of the consumer’s name, the accurate Vehicle Identification Number (“VIN”) of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle.
(2)Demand that the manufacturer repurchase or replace the motor vehicle.
(b)Minor deviations in the notice submitted pursuant to subdivision (a) shall not disqualify consumers from seeking civil penalties.
(c)At the time that the notice submitted pursuant to subdivision (a) is sent, the consumer shall have possession of the motor vehicle.
(d)The notice required by subdivision (a) shall be in writing and shall be sent either by email to the email address prominently displayed on the manufacturer’s website for this purpose or by certified or registered mail, return receipt requested, to the address provided by the manufacturer in the owner’s manual or warranty booklet. The notice information on the manufacturer’s website, owner’s manual, and warranty booklet shall be provided in both English and Spanish.
(e)(1) A request for or action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code shall not be allowed or maintained if both of the following conditions are present:
(A) Within 30 days after receipt of the notice, the manufacturer makes an offer of restitution or replacement of the motor vehicle for the amount provided by subdivision (d) of Section 1793.2 of the Civil Code and Section 871.27, plus reasonable attorney’s fees and costs, if the consumer is represented by an attorney.
(B) The motor vehicle replacement or restitution is completed within 60 days from the date of receipt of the original notice.
(2)The consumer shall comply in good faith with reasonable requests from the manufacturer for documentation required to complete the requested restitution or replacement of the motor vehicle.
(f)A prelitigation dispute as to attorney’s fees and costs shall be resolved by neutral, binding arbitration. A dispute as to
the amount of attorney’s fees and costs shall not, by itself, be a sufficient basis to show that the manufacturer’s offer is out of compliance with this section.
(g)The consumer shall maintain possession of the motor vehicle for at least 30 days after the manufacturer’s receipt of written notice seeking restitution or replacement.
(1)If the manufacturer does not offer restitution or replacement of the motor vehicle within 30 days of receiving the consumer’s notice, the consumer shall be permitted to sell their motor vehicle and seek remedies, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code.
(2)If the manufacturer offers restitution or replacement of the motor vehicle, the consumer shall maintain possession of the motor vehicle for the full 60 days after the
manufacturer’s receipt of the consumer’s notice.
(h)An action seeking restitution or replacement under Section 871.20 may be commenced without compliance with subdivision (a). In that event, the consumer shall have possession of the motor vehicle at the time of the filing of the complaint, and shall not seek civil penalties, whether by amendment of the complaint or otherwise. If, however, notice is provided pursuant to subdivision (a) and the manufacturer fails to comply with their obligations under subdivision (e), the consumer may commence an action for restitution or replacement, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code.
(i)If a consumer sells their vehicle as authorized by subdivision (g), the consumer may not seek civil penalties under subdivision (c) of Section 1794 of the Civil Code unless the consumer provided
to the prospective buyer or recipient of the vehicle, prior to the sale, written notice of the basis for the consumer’s request for restitution or replacement from the manufacturer and of any pending action described in subdivision (a) of Section 871.20.
(j)A consumer shall act in good faith in order to comply with this section.
(k)This section shall become operative on July 1, 2025.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release:
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
(a)This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20.
(b)Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h).
(c)Within 120 days after the filing of the
answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents:
(1)The plaintiff.
(2)The defendant, and if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. This deposition shall be limited to the topics listed in subdivision (i).
(d)Within 90 days after filing of the answer or other responsive pleading, all parties shall schedule a mediation to occur within 150 days after filing of the answer
or other responsive pleading with a court-appointed or private mediator.
(1)Costs shall be distributed equally, but costs may be recoverable by the plaintiff as part of a settlement or judgment.
(2)The plaintiff and a person with settlement authority for the manufacturer shall attend the mediation in person or by remote means.
(e)Except as provided in subdivisions (b) and (c), all other discovery shall be stayed until mediation is concluded. If the case is not resolved at the conclusion of mediation, standard discovery procedures prescribed in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedures shall apply, including an additional deposition of the plaintiff and the defendant and, if the defendant is not a natural person, the person who
is most qualified to testify on the defendant’s behalf.
(f)The plaintiff shall provide the following documents to all other parties pursuant to the timeline set forth in subdivision (b):
(1)Sales or lease agreement.
(2)Copy of current registration.
(3)Any finance information, account information, including payment history and estimated payoff amount, and any loan modification agreements.
(4)Any repair orders, including to third-party repair facilities or the location of where information
relating to repair orders may be found.
(5)Documents detailing all underlying claimed incidental damages.
(6)Information pertaining to the market value of the motor vehicle that is currently in the consumer’s possession.
(7)Any written, pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request.
(g)The plaintiff shall provide the following information to all other parties pursuant to the timelines set forth in subdivision (b):
(1)Mileage of the motor vehicle as of the date of the disclosure described in subdivision (b).
(2)Primary driver or drivers of the motor
vehicle.
(3)If the motor vehicle is primarily used for a business purpose, whether more than five vehicles are registered to the business.
(4)Whether the plaintiff is still in possession of the motor vehicle.
(5)Address where the motor vehicle is located.
(6)Whether the plaintiff is an active or prior member of the Armed Forces.
(7)Whether the motor vehicle has been involved in a collision or accidents reported to insurance prior to the nonconformity, and if so, the approximate date
of the collision, the name of the insurance company, and any applicable claim number.
(8)Whether the motor vehicle has any aftermarket modifications done after purchase of the motor vehicle, and if so, a list of each modification.
(9)Dates and mileages for presentations that are not included in the provided repair orders or the location of where the information may be found.
(10)Whether the plaintiff has had any pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request.
(11)Any need for an interpreter for purposes of a deposition.
(h)The defendant or manufacturer shall provide the following documents to all other parties
pursuant to the timelines prescribed in subdivision (b):
(1)Copy of or access to a version of the owner’s manual for a motor vehicle of the same make, model, and year.
(2)Any warranties issued in conjunction with the sale of the motor vehicle.
(3)Sample brochures published for the motor vehicle.
(4)The motor vehicle’s original invoice, if any, to the selling
dealer.
(5)Sales or lease agreement, if the manufacturer is in possession.
(6)Motor vehicle information reports, including build documentation, component information, and delivery details.
(7)Entire warranty transaction history for the motor vehicle.
(8)Listing of required field actions applicable to the motor vehicle.
(9)Published technical service bulletins (”TSBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(10)Published information service bulletins (“ISBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle.
(11)Records relating to communications between the manufacturer or dealership and the owner or lessee of the motor vehicle, including those related to repair orders or claims involving the motor vehicle.
(12)Warranty policies and procedure manuals.
(13)Service manuals reasonably related to the nonconformities pertaining to the motor vehicle.
(14)If a pre-suit restitution or replacement request is made, all call recordings of pre-suit communications with the consumer available at the time of service of the complaint.
(15)If a pre-suit restitution or replacement request is made, the manufacturer’s written statement of policies and procedures used to evaluate customer requests for restitution or replacement pursuant to “Lemon Law” claims.
(16)If a pre-suit restitution or replacement request is made, any nonprivileged, prelitigation evaluation.
(17)Any warranty extensions or modifications issued by the manufacturer on the
motor vehicle.
(i)If the defendant is not a natural person, the initial deposition of the person who is most qualified to testify on the defendant’s behalf shall be limited to the following topics:
(1)All warranties that accompanied the plaintiff’s motor vehicle at the time of purchase or lease.
(2)Questions relating to the nature and extent of the entire service history, warranty history, and repairs relating to the motor vehicle.
(3)Questions relating to recalls applicable to the motor vehicle.
(4)Questions relating to a reasonable number of Technical Service Bulletins or Information Service Bulletins reasonably related to the nonconformities pertaining to the motor vehicle.
(5)Questions relating to relevant diagnostic procedures consulted and followed while diagnosing the plaintiff’s concerns for the motor vehicle.
(6)Questions relating to relevant repair procedures consulted and followed during the repairs for the motor vehicle.
(7)Questions relating to relevant communications between the plaintiff and defendant regarding the motor vehicle.
(8)Questions relating to relevant communications between the defendant and any dealership or other third parties regarding the motor vehicle.
(9)If a pre-suit restitution or replacement request was made, questions relating to why the defendant did not replace the motor vehicle or provide restitution.
(10)If a pre-suit restitution or replacement request was made, any nonprivileged evaluation prepared by the manufacturer.
(11)If a pre-suit restitution or replacement request was made, the manufacturer’s policies and procedures regarding the restitution or replacement of vehicles in response to a consumer’s request for restitution or replacement under the Song-Beverly Consumer Warranty Act, in effect from the date of the notice of the consumer’s request for
restitution or replacement of the vehicle to the present, and any changes thereto.
(j)Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows:
(1)A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the document production requirements as prescribed in subdivision (b).
(2)A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business
days for failure to comply with the provisions relating to depositions as prescribed in subdivision (c).
(3)For a plaintiff’s repeated noncompliance with subdivision (b), (c), or (d), a court shall order the case dismissed without prejudice and the plaintiff’s attorney to be responsible for costs awarded to the manufacturer.
(4)For a manufacturer’s or defendant’s repeated noncompliance with
subdivision (b), (c), or (d), a court shall order that evidentiary sanctions attach precluding the manufacturer or defendant from introducing evidence at trial regarding whether the motor vehicle had a nonconformity that substantially impaired the use, value, or safety of the motor vehicle, or whether the motor vehicle was repaired to match the written warranty after a reasonable number of opportunities to do so.
(5)Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to this subdivision to report the sanction, in writing, to the State Bar of California within 30 days of the
imposition of the sanction.
(k)This section does not apply to a party who is not represented by counsel.
(l)In addition to the requirements prescribed by subdivision (a), this section only applies to a civil action filed on or after January 1, 2025.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
(a)This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20.
(b)The defendant is entitled to an offset in the calculation of the actual price paid or payable for optional equipment, service contracts, or GAP financing purchased by the plaintiff during the motor vehicle purchase or lease transaction from third parties, except for optional purchases for dealer-supplied equipment or services.
(1)Optional equipment and accessories, theft-deterrent devices, surface-protection products, service contracts, extended warranties, debt-cancellation agreements, and guaranteed asset protection (”GAP”) financing
supplied by a third party that is not the selling or leasing dealership or an authorized retail facility for the original equipment manufacturer are not recoverable as damages pursuant to this section.
(2)Optional equipment and accessories, theft-deterrent devices, surface-protection products, service contracts, extended warranties, debt-cancellation agreements, and GAP financing, if any of the foregoing constitute dealer additions supplied by the selling or leasing dealership or an authorized retail facility for the manufacturer, are recoverable as damages and do not qualify for the offset prescribed by this section.
(c)The defendant is entitled to an offset for negative equity incorporated in the transaction from prior vehicles.
(d)Noncash
credits provided by the manufacturer as a form of down-payment assistance, typically referred to as a manufacturer’s rebate, shall not be included in the calculation of the actual price paid or payable and shall not be used to reduce the amount of any negative equity offset.
(e)For leases, damages and civil penalties shall be calculated as follows:
(1)Amounts paid or payable by the consumer under an existing agreement to extend a lease term shall be allowable as damages.
(2)Amounts paid by the consumer for the residual value shall be allowable as damages. If the consumer has obtained financing to pay the residual value, the defendant shall pay the remaining residual value on the motor vehicle directly to the lienholder in the amount necessary to obtain title.
(3)Amounts paid or payable by the consumer to extend a lease term shall be included in civil penalty calculations if paid for or the lease extension is activated by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier.
(4)Amounts paid by the consumer for the residual value shall only be included in civil penalty calculations if paid for or financed by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier.
(5)The residual value shall not be included in civil penalty calculations if not paid or financed by the consumer.
(f)The defendant shall not be responsible for payment of unpaid interest or unpaid financing costs associated with the retail
installment sales contract that will not be owed or paid by the consumer when the lien is paid off.
(g)The restitution payment and vehicle return procedures shall comply with all of the following conditions:
(1)A remedy in compliance with this section shall not be contingent on the execution of any release other than the Standardized SBA Release provided in Section 871.25.
(2)The defendant shall promptly process any agreed-upon motor vehicle restitution or replacement pursuant to this section and complete the restitution or replacement within 30 days from the date of receipt of a signed release from the buyer or lessee’s counsel. The defendant’s failure to do so shall result in a mandatory penalty of fifty dollars ($50) per day until the settlement is completed, unless the parties stipulate otherwise. The consumer
shall comply in good faith with requests from the manufacturer for reasonable documentation required to complete the requested restitution or replacement of the motor vehicle. In the event the consumer fails to comply in good faith and delays the restitution or replacement, the manufacturer shall not be subject to the daily fifty-dollar ($50) penalty.
(3)The defendant shall provide the consumer with the funds containing their restitution proceeds at the time of the vehicle return. The defendant shall also expedite the funds for the payoff of the vehicle within one business day of the vehicle return. The defendant shall expedite the funds for attorney’s fees, and if applicable, civil penalties to counsel for the consumer within one business day of the vehicle return.
Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.
The duties and obligations imposed by this chapter are cumulative with duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations imposed under any other law.
Added by Stats. 2025, Ch. 1, Sec. 4. (SB 26) Effective April 2, 2025.
(a)(1) A manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of the manufacturer’s motor vehicles sold during a period of five consecutive calendar years by providing written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs by October 31 of the preceding calendar year, except as provided in Section 871.30.
(2)A manufacturer who makes the election described in paragraph (1) may not revoke that election during the five-year period covered by the election, but the manufacturer may make a new election under paragraph (1) that will cover motor vehicles sold in a subsequent five-year
period.
(b)Unless a manufacturer has made the election described in subdivision (a) that covers a given year, Sections 871.20 to 871.28, inclusive, shall not apply to an action described in subdivision (a) of Section 871.20 with respect to all of the manufacturer’s motor vehicles sold during that year, except as provided in Section 871.30.
(c)By December 15 of each year, the Arbitration Certification Program within the Department of Consumer Affairs shall publish to its website a list of the manufacturers that have elected to proceed under this chapter for a period that includes the following calendar year, except as provided in Section 871.30.
(d)At the time a motor vehicle is sold new, a manufacturer shall provide notice to a consumer specifying which one of the following procedures governs the vehicle:
(1)The procedures set forth in this chapter.
(2)The procedures set forth in Article 3 (commencing with Section 1792) of Chapter 1 of Title 1.7 of Part 4 of Division 3 of the Civil Code.
Added by Stats. 2025, Ch. 1, Sec. 5. (SB 26) Effective April 2, 2025.
(a)Within 30 days of the effective date of the act adding this section, a manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of its motor vehicles sold in the year 2025 and in all prior years by providing written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs.
(b)Within 60 days of the effective date of the act adding this section, the Arbitration Certification Program within the Department of Consumer Affairs shall publish to its website the list of all manufacturers that have elected under subdivision (a) to proceed under this chapter for actions related to motor vehicles sold in the year 2025 and
in all prior years.
(c)Unless a manufacturer has made the election described in subdivision (a), Sections 871.20 to 871.28, inclusive, shall not apply to an action described in subdivision (a) of Section 871.20, including actions already filed between January 1, 2025 and the effective date of the act adding this section, with respect to all of its vehicles sold new in the year 2025 and in all prior years.