RulesofCivilProcedure.com Civil Procedure · Every State

§ 871.20.Applicability

Title 10. Actions In Particular Cases · Chapter 12. Actions for Restitution for or Replacement of Certain Motor Vehicles · Last amended 2025 · Last verified July 28, 2026

In one sentenceSection 871.20 makes this chapter's procedures available only against a manufacturer that has elected under § 871.29 to be governed by it, in actions seeking restitution, replacement, or civil penalties for breach of an express warranty on a motor vehicle, and excludes service contract claims or other remedies.

Full Text of § 871.20

Text sizeJump to: (a) (b)

(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.

Plain-English Summary

This section marks off exactly when Chapter 12 applies. It only covers actions against a manufacturer that has affirmatively elected, under § 871.29, to be governed by this chapter. Within that scope, the chapter reaches actions seeking restitution or replacement of a motor vehicle under Civil Code section 1793.2(b) or (d) or section 1793.22, or under Civil Code section 1794, and it reaches requests for civil penalties under section 1794(c) -- but only when the request rests on the vehicle's noncompliance with its applicable express warranty.

Subdivision (b) narrows the scope further. This chapter doesn't apply to service contract claims brought under Civil Code section 1794, and it doesn't apply to any action seeking remedies other than restitution or replacement of the vehicle.

The practical result: a consumer can't assume this chapter's discovery, mediation, notice, and offset rules govern a lemon law claim by default. They apply only when the specific manufacturer involved has opted in for the relevant model year under § 871.29 or § 871.30 -- otherwise, the claim proceeds under the ordinary Song-Beverly Consumer Warranty Act procedures instead.

Frequently Asked Questions

Does this chapter automatically apply to any California lemon law case?

No. It applies only against a manufacturer that has elected under § 871.29 to be governed by this chapter for the relevant year, and only to claims for restitution, replacement, or related civil penalties based on an express warranty.

What claims does this chapter exclude?

Service contract claims under Civil Code section 1794, and any claim seeking remedies other than restitution or replacement of the motor vehicle.

How do I know if a manufacturer elected to be governed by this chapter?

Check the list the Arbitration Certification Program within the Department of Consumer Affairs publishes each year under § 871.29(c), or the notice the manufacturer must give under § 871.29(d) at the time of sale.

Amendment History

Amended by Stats 2025 ch 1 (SB 26),s 2, eff. 4/2/2025. Added by Stats 2024 ch 938 (AB 1755),s 1, eff. 1/1/2025.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: california lemon law civil procedure chaptermanufacturer opt in lemon law california