Well having Lemoned my 1st X with BMW on my own no lawyer involved you need to have the same issue happen 4 times within the warranty period in California. The only caveat being that it has to be a serious or safety related issue.

Mine met the criteria by running out of gas 9 times while showing anywhere from a quarter to half a tank in intersections, freeways and once as I left the dealer , as well as a total transmission failure while on a cross country road trip in NYC. They put me and the family up for a week at their cost in the Waldorf under the trip interuption policy (only hotel available in the middle of summer with half a days notice).

If you need more info let me know it took me three months from when I dropped the car off to when the new one arrived on the doorstep, not bad considering I got nearly 2 years out of the X and 30,000 miles.

I had a RR and nearly went the Lemon route but the damn thing never had the same thing go wrong 4 times it was just a matter of the gremlins deciding which piece should fail next

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Currently 2010 X6 35i, Premium, Technology, Sport.
2004 Lotus Esprit - Final Edition
Former '04 X5 4.4i, Highland Green, Nav, DSP, PDC, Heated FR & R Seats, Comfort Seats, Rear Load Floor, Premium & Sport Package, IceLink Plus, Bel RX65, Tow Hitch, Sirius Satellite Radio.
Former '03 X5 3.0, Nav, Premium, Rear climate. (Stolen)
Former '01 X5 3.0, Nav, Premium, Rear Climate (Lemoned)