When your car spends more time at the dealership than in your driveway, the “days in the shop” can make or break a California Lemon Law claim. Consumers often hear about AB 1755 and wonder how it affects the way those days are counted. Below, ZapLemon explains—in plain English—how California’s “days in the shop” rule works, what typically counts toward the total, and why keeping careful records matters if you’re dealing with repeat repairs.
AB 1755 Explained: The ‘Days in the Shop’ Rule
AB 1755 is frequently discussed alongside California’s Lemon Law (the Song-Beverly Consumer Warranty Act) because it focuses attention on how repair timelines are tracked and how consumers and manufacturers document those timelines. While the specific legal language of any bill can evolve and courts continue to interpret the Lemon Law, the core concept consumers care about remains steady: “days in the shop” are a key factor when evaluating whether a vehicle qualifies as a lemon. The familiar benchmark under California’s Lemon Law presumption is more than 30 cumulative calendar days out of service for warranty repairs during the first 18 months or 18,000 miles, whichever occurs first.
“Days in the shop” means calendar days, not business days. It’s cumulative across visits and defects, so five days here and eight days there add up. The clock can run while the vehicle is being diagnosed, test-driven by technicians, held for parts, or awaiting an authorized repair. Importantly, having a loaner or rental does not stop the count—your original vehicle is still out of service. These principles are grounded in California’s Lemon Law framework; AB 1755’s role is best understood as reinforcing transparency around how those days are tallied and communicated.
Here’s a simple example. Say your SUV goes in for a transmission shudder at 4,500 miles and stays seven days; returns at 8,200 miles for the same condition for nine days; and later sits 15 days waiting on backordered parts. You’ve now reached 31 cumulative calendar days out of service within the first 18 months/18,000 miles window. That may trigger the legal presumption that a “reasonable number” of repair attempts has been made. The presumption is not the end of the story—it’s a tool that can shift the burden in your favor—but your documentation of those days is what makes the rule work for you.
What Counts Toward California Lemon Law Days
Generally, days count when the vehicle is out of service by reason of repair for a warranty-covered defect. That includes time spent diagnosing a problem, test-driving to replicate a concern, waiting for parts, performing software updates or technical service bulletin procedures, or holding the vehicle for manufacturer authorization. Even if a repair order says “no problem found,” those days can still count if you reported a warranty-type issue and the dealer kept the car to check it out. Weekends and holidays are included because the law uses calendar days.
Some time typically does not count. Routine maintenance (oil changes, tire rotations), collision repairs, bodywork from accidents, or aftermarket modifications are not warranty repairs and generally won’t add to your lemon-law day tally. Likewise, delays caused by consumer unavailability—skipping an appointment you selected or holding the car for personal convenience—usually don’t help. There can also be special situations (for example, extreme events outside a manufacturer’s control) that affect timelines. Nuance matters, which is why speaking with a lemon law attorney about your specific facts is important.
Practical steps help protect your rights. Keep every repair order and invoice, and make sure they show: (1) the dates you dropped off and picked up the vehicle, (2) your stated concerns in your own words, and (3) the mileage. If the dealer keeps the car overnight, ask for a repair order to reflect the hold. Save texts and emails, note when you’re offered a loaner or rental, and take photos or videos of recurring symptoms. Finally, confirm your warranty status, respond promptly to dealer calls, and consider notifying the manufacturer in writing if the defect persists. These simple habits create the paper trail that makes “days in the shop” clear and provable.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship, and past results do not guarantee similar outcomes. California’s Lemon Law can be nuanced, and AB 1755 and related rules may be interpreted differently based on your facts and the most current law. If you believe your vehicle may qualify as a lemon, contact ZapLemon for a consultation at (310) 489-3017 or visit us at https://zaplemon.com. We’re here to review your situation, explain your options, and help you take the next step.