What is the “lemon laws” presumption?
The California “lemon law” presumption is merely a legal device which is only meaningful if negotiations with the manufacturer fail, and you must resort to litigation. It then allows the consumer/plaintiff to establish at trial that she or he has met the plaintiff’s required burden of proof that the vehicle is a lemon, and shifts the legal burden to the manufacturer to prove otherwise. That’s all it does. And note too, it is not necessary to satisfy the presumption before filing a lemon law claim. The “lemon law” presumption states that if you have: 1. Purchased or leased a new car, truck, motorcycle, or motorhome 2. Personal or small business use, and 3. If during the first 18 months or 18,000 miles you brought the vehicle to a dealer for repair of the same or similar problem four or more times, or only two or more times if the manufacturing defect results in a condition that is likely to cause death or serious bodily injury, or if it was out of service for a total of more than 30 day
