It means that a jury can conclude that the consumer is entitled to a refund or replacement of the car and that it is up to the manufacturer to prove otherwise. The California lemon law rule for determining whether the presumption applies is stated as follows: If within the first 18 months or 18,000 miles on the car’s odometer, whichever comes first:
1) The manufacturer or its agents have made four or more attempts to repair the same warranty problem, or the car has been out of service for more than 30 days (not necessarily at the same time) while being repaired for any number of warranty problems; or
2) The manufacturer or its agents have made two or more attempts to repair a warranty problem that results in a condition that is likely to cause death or serious bodily injury if the car is driven; and
3) The problems are covered by the warranty, substantially reduce the car’s use, value, or safety to the consumer and are not caused by abuse of the vehicle; and
If required by the warranty materials or by the owner’s manual, the consumer has directly notified the manufacturer about the problem(s), preferably in writing. The notice must be sent to the address shown in the warranty or owner’s manual
