Lemon Law Attorney on What Counts as a Recurring Issue

When your car keeps returning to the shop for the same problem, it’s natural to wonder if it qualifies as a “lemon.” At ZapLemon, we’re often asked what counts as a recurring issue under California’s lemon law, and how many repair attempts are enough. Below, we explain the concept in plain language, share relatable examples, and offer practical tips to help you document your situation.

What ‘Recurring Issue’ Means Under California Law

In California, a “recurring issue” generally means a defect or condition that keeps coming back despite multiple repair attempts and that is covered by the manufacturer’s warranty. The law focuses on “nonconformities” that substantially impair the vehicle’s use, value, or safety. If the same problem—or a substantially similar problem—reappears after the dealer tries to fix it, it may be treated as recurring for lemon law purposes.

California’s Song-Beverly Consumer Warranty Act includes a helpful presumption for what counts as a “reasonable number” of repair attempts within the first 18 months or 18,000 miles (whichever comes first). As a guideline, the presumption may apply if: (1) the manufacturer or its dealer tried to repair a serious safety defect at least two times; (2) they tried at least four times to repair a non-safety defect; or (3) the vehicle was out of service for repairs for more than 30 cumulative days. Even if your situation falls outside these mile/month thresholds or numbers, you may still have rights; the presumption simply makes it easier to prove.

A key point is that the defect does not need to be labeled the exact same way on every repair order. If the underlying problem is substantially similar—say, repeated stalling, repeated transmission hesitation, or repeated electrical failure—that can still point to a recurring issue, even if different diagnostic codes appear over time. The best way to show this is through consistent documentation: make sure the service advisor writes down the symptoms you report, note the dates and mileages, and keep every repair order and invoice.

Common defects and repair attempts that qualify

Recurring issues often show up in ways drivers immediately notice. Examples include engines that stall or hesitate, transmissions that slip or jerk, brakes that pulse or lose power, or steering that pulls or feels loose. Safety-related problems like airbag warning lights or loss of power steering may require fewer repair attempts to trigger protections, especially if the defect could increase the risk of an accident.

Other common recurring defects aren’t always “safety” issues but can still substantially affect use or value. Think of an A/C system that stops cooling repeatedly in summer heat, an electrical system that drains the battery every few days, a persistent coolant or oil leak, or an infotainment system that freezes and disables the backup camera. If the dealer has made multiple unsuccessful repair attempts or the vehicle has been in the shop for a total of 30+ days for warranty repairs, those patterns can support a lemon law claim.

Practical steps can strengthen your position. Always bring the car to a manufacturer-authorized dealer while under warranty. Ask the service writer to list your exact complaint in your words (e.g., “vehicle stalls at highway speed,” “transmission jerks on 2–3 shift when warm”). Save all repair orders, tow receipts, and communications with the dealer or manufacturer. If the dealer says “no problem found,” request that note on the invoice anyway and continue to document each occurrence with dates, mileage, and photos or videos where possible. Avoid modifications that could be blamed for the defect, and check for recalls or technical service bulletins that align with your symptoms.