Every electric vehicle loses some range over time, and manufacturers count on that. When a Tesla, Rivian, or Lucid owner in Los Angeles reports that a car that once showed 300 miles at full charge now shows 240, the first answer is usually "normal degradation." Sometimes that is true. Sometimes it is a defect wearing a costume. Here is when EV battery degradation supports a California lemon law claim, what your battery warranty promises, and how to build a record the manufacturer cannot wave away.
The Short Answer
Battery degradation can qualify under California lemon law when it is caused by a defect covered by the manufacturer's warranty, it substantially impairs the vehicle's use, value, or safety, and the manufacturer cannot fix it after a reasonable number of attempts. Gradual range loss that stays within the warranty's stated limits usually does not qualify on its own.
Why "Normal Degradation" Is the Manufacturer's Favorite Phrase
Lithium-ion batteries lose capacity as they age. But "normal" is a moving target, and the manufacturer holds the tape measure. A service center that logs "battery within normal parameters" is not diagnosing your car. It is closing a ticket.
The Song-Beverly Consumer Warranty Act never uses the word "degradation." It asks whether the vehicle has a nonconformity, which Civil Code section 1793.22defines as a defect that "substantially impairs the use, value, or safety" of the vehicle to the buyer or lessee. Whether range loss meets that test depends on what the warranty promises and how the loss affects you.
What Your EV Battery Warranty Actually Promises
The battery warranty is an express warranty: the promise the manufacturer must honor and, if it cannot, the promise that triggers a repurchase or replacement. So the first step in any EV battery degradation lemon law analysis is the warranty booklet, not the forum threads. As of this writing, three brands common in Los Angeles County publish these terms:
- Tesla: Battery and Drive Unit Limited Warranty of 8 years and 100,000 to 150,000 miles depending on the model, "with minimum 70% retention of Battery capacity."
- Lucid: High-voltage battery covered for 8 years or 100,000 miles, "retaining 70% capacity."
- Rivian: Battery pack covered for 8 years and 120,000 to 175,000 miles depending on model and pack. Rivian's support page lists no retention percentage; check your Warranty Guide.
A Note on California's 2026 Battery Rules
The California Air Resources Board adopted a regulation, Title 13 CCR section 1962.8, requiring manufacturers of 2026 through 2030 model year electric and plug-in hybrid vehicles to warrant the battery against defects that drop its state of health below 70 percent within 8 years or 100,000 miles. A companion rule requires 2026 and newer vehicles to display battery state of health on screen. Federal action in 2025 targeted the program these rules belong to, and whether California can enforce them is disputed. Rely on the manufacturer's written warranty, and use the on-screen state of health figure, if your vehicle shows one, as evidence.
When EV Battery Degradation Becomes a Lemon Law Claim
1. A warranty defect. The battery, its cooling system, or the software that manages it is not performing as warranted. A pack below the retention floor is the clearest case. So is a pack that fails outright, throws high-voltage fault codes, will not charge to 100 percent, drops into reduced-power mode, or loses a large chunk of range in weeks rather than years.
2. Substantial impairment. The defect has to meaningfully affect how you use the car, what it is worth, or whether it is safe. An owner who bought the car for a Glendale-to-Irvine commute and can no longer make the round trip without a midday charge has a strong use argument. A sudden, unexplained drop may also affect value even if the manufacturer calls it normal.
3. A reasonable number of repair attempts. Civil Code section 1793.2 requires the manufacturer to replace or repurchase a new vehicle it cannot conform to the warranty after a reasonable number of attempts. Section 1793.22 presumes that number has been reached if, within 18 months or 18,000 miles of delivery, the same defect has been in for repair four or more times (two or more for a defect likely to cause death or serious injury) and you have notified the manufacturer directly at least once, or the vehicle has been out of service for warranty repairs for more than 30 cumulative days. Outside that window the presumption is gone, but the claim is not.
A visit where the technician writes "no fault found" may still be a repair attempt. Whether it counts depends on the facts, so document every visit as if it does.
How to Document EV Range Loss: A Checklist
- Screenshot the battery health screen. If your vehicle or app shows a state of health percentage, capture it monthly with the date and odometer visible.
- Log full-charge range. Once a month, charge to 100 percent and photograph the rated range using the same settings.
- Insist on a repair order every visit, including mobile service calls, that describes the complaint in your words, not "customer states battery normal."
- Ask for the test results in writing. If the pack is "within parameters," ask what the measured number was and what the threshold is.
- Notify the manufacturer directly. The two-attempt and four-attempt tests in section 1793.22 require at least one direct notice to the manufacturer, not just the service center. Send it in writing and keep proof.
- Track days out of service. Every day the car waits for a diagnosis, a part, or a pack counts toward the 30-day test. Section 1793.2 also requires warranty repairs to be finished within 30 days unless you agree otherwise in writing.
- Note every software update and any range change that followed.
Our post on the five documents to collect before filing a lemon law claim covers the rest of the file.
What a Buyback Includes for an Electric Vehicle
If the vehicle qualifies, Civil Code section 1793.2 requires the manufacturer to replace it or refund the price you paid, including manufacturer-installed options, sales or use tax, license and registration fees, and incidental costs such as towing and rental cars, less an offset for the miles driven before the first repair attempt (purchase price times those miles, divided by 120,000). Nonmanufacturer items installed by a dealer or by you are excluded. If the manufacturer's failure to comply was willful, Civil Code section 1794 allows a civil penalty of up to two times your actual damages, and a buyer who prevails recovers attorney's fees and costs.
A written notice to the manufacturer may be required before a lawsuit that seeks civil penalties; our guide to how AB 1755 changed California lemon law deadlinesexplains. Our Tesla lemon law and Rivian lemon law pages cover the other defects we see in these vehicles.
Frequently Asked Questions
My battery is at 78 percent health and the warranty floor is 70 percent. Do I have a claim?
Not automatically. Above the floor, the manufacturer will say the warranty has not been breached. You may still have a claim if the loss is sudden, tied to a fault, or paired with other battery or charging defects the manufacturer has failed to fix.
Does a software update that reduces my range count as a defect?
It may. If an update cuts usable range or charging speed and the manufacturer cannot restore it, document the version, the date, and the before-and-after range.
I leased my EV. Can I still make a lemon law claim?
Yes. The presumption in Civil Code section 1793.22 applies to the "buyer or lessee."
I bought my EV used. Does any of this apply?
It can. Coverage for a used vehicle depends on the warranty still in effect when you bought it, so find out how much of the battery warranty remained.
Talk to a Glendale Lemon Law Attorney About Your EV
Khachikyan Law Firm - Lemon Busters represents EV owners and lessees in Glendale, Burbank, Pasadena, the San Fernando Valley, and across Los Angeles County. If your Tesla, Rivian, Lucid, or other EV keeps losing range and the service center keeps calling it normal, call (747) 946-5884 or contact us online for a free case review. Available 24/7. Hablamos español.
This article is for general information only and is not legal advice. Every case depends on its own facts. Reading it does not create an attorney-client relationship.