What Can a Glendale Lemon Law Lawyer Do When a New Motorcycle Keeps Failing?

California’s lemon law excludes motorcycles from its “new motor vehicle” rules, so the Tanner presumption does not apply. Your bike is still covered as consumer goods under the Song-Beverly Act. A Glendale lemon law lawyer can press for replacement or reimbursement, damages, and attorney fees the manufacturer pays.

Gaslamp Law Group handles California lemon law claims for riders and drivers across Los Angeles County. Motorcycle cases follow a different path than car cases, and most riders never hear about it until a dealer brushes them off. The firm knows which statute applies and what each one pays. Under Civil Code section 1794(d), a manufacturer that loses pays your reasonable fees and costs, so you owe no percentage of the recovery.

If your new motorcycle keeps going back to the shop, call Gaslamp Law Group at (323) 853-7848 for a free consultation. One conversation can tell you which rules fit your bike.

Why California Treats a Motorcycle Differently Under the Lemon Law

Here is the surprise most riders never see coming. The California lemon law protections people talk about were written for cars and trucks. The legislature carved motorcycles out of that part of the statute by name. So a Glendale rider who reads about the “four repair attempts” rule should pause. That rule may not reach the bike in the garage.

That does not leave you without a claim. The Song-Beverly Consumer Warranty Act covers far more than vehicles. It protects buyers of new consumer goods, and a motorcycle bought for personal riding fits that definition in Civil Code section 1791. The remedy runs through a different subsection, with different math and different pressure points. Knowing which subsection you are in shapes every step that follows.

The Motorcycle Exclusion in Civil Code Section 1793.22

Open California Civil Code section 1793.22 and read subdivision (e)(2). It defines a “new motor vehicle” and then says the term does not include a motorcycle. The same sentence also excludes vehicles used only off the highway. That definition controls the car-focused rules in section 1793.2(d)(2) and the rest of section 1793.22. So those rules stop at the motorcycle, even one bought new from a Glendale showroom.

What the Tanner Presumption Would Have Given You

For a car, section 1793.22(b) creates a shortcut called the Tanner presumption. Two repair attempts on a defect likely to cause death or serious injury can trigger it. So can four attempts on the same problem, or more than 30 days in the shop, within 18 months or 18,000 miles. A rider does not get that shortcut. You prove that the manufacturer had a reasonable number of chances and failed.

Which Bikes Count as Motorcycles Under Vehicle Code Section 400

The Song-Beverly Act never defines the word “motorcycle” at all. California Vehicle Code section 400 is the closest guide. It calls a motorcycle a motor vehicle with a seat or saddle, built to travel on no more than three wheels. A two-wheeled cruiser fits. A three-wheeled machine with a saddle may fit too, which is why the model and its registration class matter before anyone picks a legal theory.

The Consumer Goods Rule That Still Protects Glendale Riders

The general warranty rules in Civil Code section 1793.2 apply to all new consumer goods. They cover motorcycles because nothing in them carves the bikes out. These rules come with their own duties for the manufacturer, and a rider in Glendale can enforce them in court. Two of them do most of the work in a motorcycle case, and both are worth knowing before your next dealer visit.

Replace or Reimburse Under Section 1793.2(d)(1)

Paragraph (d)(1) says what happens after a reasonable number of failed repair attempts. The manufacturer must either replace the goods or reimburse the purchase price. It may subtract the value of your use before you discovered the defect. Notice who picks the remedy. Under this paragraph the text leaves the choice with the manufacturer, while a car buyer under paragraph (d)(2) can insist on a refund.

The 30-Day Repair Clock in Section 1793.2(b)

Section 1793.2(b) sets a separate deadline for any warranty repair in California. Unless you agree in writing to more time, the goods must be fixed within 30 days. A bike that sits at the dealer for five weeks gives you a violation of its own. That violation supports a damages claim under section 1794 even before the repair count gets high.

When Written Notice Counts as Returning the Bike

Section 1793.2(c) normally requires you to bring the goods to the repair facility. It makes an exception when the nature of the defect means delivery cannot reasonably happen. A motorcycle that stalls at speed may fit that exception. In that case, written notice to the manufacturer or its nearest repair shop counts as returning the bike.

Delays Beyond the Manufacturer’s Control

The 30-day clock is not absolute. The statute extends it for delays caused by conditions outside the manufacturer’s control. A backordered part from overseas is the argument you will hear most often. Ask for the parts order date in writing, because it shows whether the delay was truly outside anyone’s control.

How a Glendale Lemon Law Lawyer Builds a Motorcycle Warranty Claim

Without the presumption, the paper trail carries the case. A Glendale lemon law lawyer starts by rebuilding the full repair history, visit by visit. Each repair order should show the date in, the date out, the mileage, and your complaint in your own words. Gaps in that record are the first thing a manufacturer’s lawyer will attack.

What should you pull together before a consultation? Start with the records below.

• Bring the purchase contract and any financing agreement from the dealer.
• Gather every repair order, including visits where the dealer found nothing.
• Save texts and emails with the service department and the manufacturer.
• Keep receipts for towing, trailer rentals, and any other ride you paid for.
• Record video of the defect when it happens, with the date visible if you can.

Those five items answer most of the questions a manufacturer will ask. They also show a judge that you gave the company a fair chance to fix the problem.

Why a Visit With No Repair Still Counts

Many riders hear “could not duplicate” and assume the visit was wasted. It was not. California’s civil jury instruction CACI 3202 says a repair opportunity counts even when the shop did no work. The Court of Appeal in Oregel v. American Isuzu Motors (2001) placed the burden of an unfound defect on the manufacturer. Our guide on documenting intermittent vehicle problems walks through how to capture a problem that comes and goes.

What Counts as a Reasonable Number of Attempts for a Rider

No statute puts a number on it for motorcycles. A jury weighs the kind of defect, how long the bike was down, and how the manufacturer responded. A braking or throttle defect that could put you on the pavement needs fewer chances than a faulty gauge. For a closer look at how that count works for cars, read how many repair attempts before a car is a lemon in California.

What Money a Motorcycle Buyer Can Recover in California

So what is the claim actually worth? The answer depends on which remedy the case produces and whether the manufacturer acted in bad faith. A motorcycle claim can be worth more than riders expect, because damages and fees sit on top of the purchase price. It can also be worth less than a car claim, because two car-only benefits drop away.

These are the categories a court can award on a motorcycle warranty claim.

• The purchase price is reimbursed, less the value of your use before you found the defect.
• Damages under Civil Code section 1794 are measured through the Commercial Code.
• A civil penalty of up to two times actual damages is possible for a willful violation.
• Attorney fees and costs are paid by the manufacturer when you prevail.

Each category carries its own proof. The sections below explain what moves the number.

How the Use Deduction Works Without a Formula

Car buyers get a fixed mileage formula in section 1793.2(d)(2)(C). Motorcycle buyers do not. Paragraph (d)(1) allows a deduction only for use “prior to the discovery of the nonconformity” and gives no formula. That leaves the number open to argument, which is why the date you first reported the defect matters so much. A problem reported at 400 miles should cost you very little in deductions.

Damages Under Civil Code Section 1794

Section 1794 lets any buyer damaged by a warranty violation sue for damages. Subdivision (b) sends the measure to the Commercial Code. If you kept the bike, sections 2714 and 2715 apply. That covers the loss in value from the defect plus incidental and consequential costs. If you instead returned the bike and revoked acceptance, sections 2711 through 2713 set the measure. Your lawyer picks the route that fits what you did with the motorcycle.

Towing, Trailers, and Other Incidental Costs

A stranded motorcycle is expensive fast. Towing a bike off the Glendale Freeway, renting a trailer, or paying for rides while the bike sits in the shop all add up. Keep every receipt. Commercial Code section 2715 treats reasonable expenses caused by the breach as recoverable damages.

The Civil Penalty Needs Proof of Willfulness

This is where the exclusion bites hardest. Section 1794(e) allows a penalty for a car claim without showing the manufacturer acted willfully. That subdivision applies only to violations of section 1793.2(d)(2), and motorcycles fall outside that paragraph. A rider must use section 1794(c) instead, which requires proof that the violation was willful.

Attorney Fees the Manufacturer Pays

Section 1794(d) applies to every prevailing buyer, motorcycles included. The court awards fees based on the time your lawyer actually spent. The federal Magnuson-Moss Warranty Act, at 15 U.S.C. section 2310(d), also lets a court award fees on a written warranty claim. Those fee rules are why a claim on a $15,000 bike can still make sense to bring. The fee award does not come out of your recovery.

Filing Deadlines and the AB 1755 Question for Los Angeles County Riders

How long do you have? For most riders, the answer is four years. The clock usually starts when the dealer hands over the bike, not when you notice the problem. Waiting until the warranty runs out can cost you the case. Mark the date on your calendar today.

A second question has come up since 2025, and competitor blogs rarely answer it. Assembly Bill 1755 created a pre-suit procedure for lemon law cases. Senate Bill 26 later limited it to manufacturers that choose to opt in. At least one motorcycle maker made that choice.

The Four-Year Limit in Commercial Code Section 2725

California Commercial Code section 2725 gives four years to sue for breach of a sales contract. A breach of warranty generally occurs at tender of delivery. The exception applies when a warranty explicitly extends to future performance and discovery must wait for that performance. Treat the purchase date as your starting line and plan backward. Under this rule, a bike delivered in September 2023 has until about September 2027.

Indian Motorcycle and the SB 26 Election List

The Department of Consumer Affairs publishes the list of manufacturers that elected the new procedure. When we checked its data on September 16, 2026, the list held 59 entities. Indian Motorcycle Company and Polaris Industries both appear with an opt-in date of May 2, 2025. Most other names on the list build cars or RVs. Harley-Davidson did not appear on the list that day.

What the Election Changes for a Covered Sale

For an electing manufacturer, Code of Civil Procedure sections 871.20 through 871.28 apply. They add pre-suit notice, early mediation, and a different filing deadline. Section 871.21 requires suit within one year after the express warranty expires, and never more than six years after delivery. The election covers only the sale years the manufacturer chose, so the purchase date matters again.

Why the Procedure’s Reach Over Motorcycle Claims Is Unsettled

Section 871.20 applies to actions seeking restitution or replacement of a “motor vehicle” under the Civil Code. It does not define the term, and it lists section 1793.2(d) as a whole. We are not aware of a published appellate decision that says whether a motorcycle claim falls inside it. If you ride an Indian, have a lawyer check both deadlines before either one runs.

Where a Glendale Motorcycle Warranty Case Gets Filed and Handled

Glendale sits in the North Central District of the Los Angeles County Superior Court. The Glendale Courthouse at 600 East Broadway hears limited civil cases, which are claims of $35,000 or less under Code of Civil Procedure section 85. Larger lemon law cases are often filed downtown at the Stanley Mosk Courthouse, 111 North Hill Street. A lemon law claim is a contract action, so Local Rule 2.3 makes a Central District filing optional rather than required.

Several local offices can matter before a case is ever filed.

• The DMV field office at 1335 West Glenoaks Boulevard can supply registration history for the bike.
• The Bureau of Automotive Repair has a field office in Culver City that can mediate repair disputes.
• The Glendale Courthouse at 600 East Broadway handles smaller claims in the limited civil range.

The Bureau of Automotive Repair can help with a shop dispute, but it cannot order a buyback. Only a court or an agreed settlement does that.

How Many Riders This Affects in Los Angeles County

The California DMV counted 133,368 motorcycles registered in Los Angeles County for 2025. The figure comes from the department’s estimated registrations by county report. Glendale riders share the Ventura Freeway and the Glendale Freeway with a large share of them. Every one of those bikes sits outside the car-only lemon law rules. That is a lot of riders relying on the consumer goods rules without knowing it.

Why Glendale Riders Put Warranty Problems to the Test Quickly

Glendale borders La Cañada Flintridge, where State Route 2 becomes the Angeles Crest Highway and climbs into the San Gabriel Mountains. Mountain grades and tight curves expose brake, clutch, and throttle defects that city riding hides. A defect that shows up on the Crest deserves a repair order the same week. Write down where it happened and at what speed.

Used, Demo, and Certified Motorcycles From Glendale Dealers

Did you buy a used bike that still had factory warranty left? The rules shift again. The California Supreme Court held in Rodriguez v. FCA US, LLC (2024) that a used car carrying the balance of its warranty is not a “new motor vehicle” under the refund rules. Motorcycles were already outside that definition, so the consumer goods rules above matter even more for used buyers.

Civil Code section 1795.5 puts warranty duties on the dealer that sells used goods with an express warranty. That can make the Glendale dealership, not only the manufacturer, responsible. Our article on used and certified pre-owned vehicles covers how section 1795.5 works in practice.

Questions Glendale Riders Ask About Motorcycle Lemon Law Claims

Riders tend to ask the same handful of questions once they learn motorcycles are treated differently. The short answers below cover the ones that come up most. Your own facts may change the answer, so treat these as a starting point rather than advice on your case.

Does the California Lemon Law Cover Electric Motorcycles?

An electric motorcycle is still a motorcycle, so the car-only rules in section 1793.22 do not apply to it. The consumer goods rules in section 1793.2 still do. Battery and charging defects are handled under those rules like any other warranty problem.

Is a Three-Wheeled Motorcycle Treated Like a Car Under Song-Beverly?

It depends on the machine. Vehicle Code section 400 counts a vehicle with a seat or saddle on three wheels or fewer as a motorcycle. A lawyer will check the model’s design and its DMV registration class before choosing a theory.

Can I Still Ride My Motorcycle While a Warranty Claim Is Pending?

Usually, yes, if the bike is safe to ride. Keep in mind that added miles can grow the use deduction in a reimbursement. Never ride a bike with a known brake or throttle defect.

Do I Have to Use the Manufacturer’s Arbitration Program First?

Section 1793.22(c) ties a manufacturer’s dispute program to the car presumption, and that section does not reach motorcycles. So the statute does not make you use the program first. Read your purchase contract, though, because a separate arbitration clause may apply.

What if the Manufacturer Offers a Replacement Bike Instead of a Refund?

Under section 1793.2(d)(1), the manufacturer may choose replacement. You can still negotiate, and damages and fees remain on the table. A lawyer can tell you whether the offer covers everything the statute allows.

Talk to a Glendale Lemon Law Lawyer at Gaslamp Law Group Today

A motorcycle that keeps failing is more than an inconvenience. It is a safety problem every time you ride. California law still gives you a path to replacement, reimbursement, and damages, even without the car-only shortcuts.

A Glendale lemon law lawyer at Gaslamp Law Group can review your repair orders. The firm can check the SB 26 list and tell you which deadline applies. The consultation is free. Under Civil Code section 1794(d), the manufacturer pays your fees if you win.

Call Gaslamp Law Group at (323) 853-7848 to talk through your bike’s history. You can also send the details through our contact page, and the team will follow up.

Want to know more about the firm first? Visit our about page. Then bring your paperwork, and let’s find out what your claim is worth.