201708.10
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California Lemon Law Guide: the Lemon Law Protects Buyers of Used Vehicles if the New Car Warranty Was Not Expired at Purchase: Jensen v. BMW

California’s Lemon Law applies to any car “sold with a balance remaining on the manufacturer’s new motor vehicle warranty.” Jensen v. BMW, 35 Cal.App.4th 112 (1995).  In the Jensen case, a car with over 7,000 miles was leased.  BMW refused to repurchase the vehicle despite continual brake shudder problems that they could not fix after…

201708.06
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California Lemon Law Guide: Emotional Distress and Loss of Use Damages Are Not Recoverable Under the Lemon Law,, But Punitive Damages Are: Bishop v. Hyundai Motors

Our lemon law clients, most of whom have suffered mightily at the hands of car makers that can’t fix but won’t buy back their cars, often ask “what about all the hassle of not having my vehicle, what about the stress of repeated life-threatening engine failures”?  These are good and fair questions.  Unfortunately, the case…

201702.14
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Ford Explorer Exhaust Danger! CBS News reports

Ford continues to deny that sucking exhaust into the passenger cabin is a “safety issue”! Amazing! Check out this CBS news report of a police officer who passed out and crashed his Explorer due tot the problem. (http://www.cbsnews.com/news/ford-explorer-lawsuits-exhaust-leak-carbon-monoxide/) This is a serious defect, and owners who have experienced the smell of exhaust fumes — sometimes…

201701.17
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Lemon Law and Fraud Alert: More “Defeat Devices” and the Jeep Grand Cherokee and Dodge Ram trucks

One day after the Environmental Protection Agency’s announcement that Fiat Chrysler installed software allowing vehicles to produce excessive nitrogen oxide emissions, lawsuits to protect consumer rights have begun. The EPA announcied that Fiat Chrysler Automobiles NV and FCA US LLC failed to disclose engine management software in 2014, 2015 and 2016 Jeep Grand Cherokees and…

201701.11
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Tesla X “Ghosting” Windshield: Lemon Law Report

We have received reports about the Tesla X and a serious windshield defect that leads to “ghosting.” As described by Consumer Reports: “[T]here are manufacturing design issues…the Model X’s uniquely curved windshield has resulted in “double vision” distortion of headlights, taillights, and streetlamps at night. The effect is distracting and tiring, and it makes following…

201701.11
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More Ford Fusion and Fiesta Lemons? Steering Defects

Plaintiffs in a 2014 federal case allege that new 2010-2014 Fusion or 2012-2014 Focus vehicles’ Electronic Power Assisted Steering (EPAS) system has a “systematic defect” that “renders the system prone to sudden and premature failure during ordinary and foreseeable driving situations.” The plaintiffs claim that the vehicles are defective because the EPAS systems contain unreliable…

201701.05
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Top-Tier Gas Can Help You Avoid Expensive Repairs?

Westways magazine reports that, based on AAA’s recent study, “Top Tier” gasoline is a lot cleaner and may help avoid costly repairs down the road. What is top tier? It does not mean the “grade” of gas that you see at the pump, which only deals with octane level. You have to go to “toptiergas.com/licensedbrands”…