201710.10
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What if your Car Can’t be Repaired: Service Contract Breach

Often consumers call when their vehicles are no longer covered by the manufacturer’s factory warranty, but are covered under a “service contract.” Under Civil Code Section 1794(a), consumers can pursue a Court case if they are “damaged by a failure to comply with any obligation under [a]… service contract.” This is not a claim for…

201709.29
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Hot Topic: Buying Used Cars with Safety Recalls: Carmax and other Franchise Certified Pre-Owned Problems

AAA has come out with a warning for buyers of Certified Pre-Owned vehicles:  Buyers Beware!  Go to NHTSA.gov/recalls to find out if your CPO is recalled for a safety defect.  The manufacturer’s and dealers MAY NOT TELL YOU, and they may even be knowingly advertising recalled vehicles as CPOs!  Check out Peter Bohr’s expose in…

201709.18
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Chrysler Ordered to Turn-Over Papers on Jeep Grand Cherokee Lemons

The closely watch case, Yelchin v. FCA US LLC, about the tragic death of Star Trek actor Anton Yelchin, has a new development. FCA will have to turn over documents regarding the allegedly defective gear shifter in the Jeep Grand Cherokee. These documents may show what, if anything FCA did after receiving over 700 complaints…

201709.05
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California Lemon Law Guide: The Implied Warranty and Time Limits for Claims

Unless sold “As-Is,” all cars come with a warranty of fitness that is implied by law. Was the car frame-damaged or had some other latent defect at the time of sale? The implied warranty protects you. But for how long? Recent case law developments have clarified that, under the Song-Beverly Consumer Warranty Act, the lemon…

201708.11
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California Lemon Law Guide: The Lemon Law Can Penalize Manufacturers For Failure to Buy Back Cars: Schreidel v. American Honda

In Schreidel v. American Honda, the jury awarded the consumer plaintiff double damages under the Lemon Law.  In that case the jury heard of the consumer’s 6 repair attempts for her clutch where Honda claimed it “could not duplicate” the problem, which the consumer told them was only occasional.  The jury also heard how an…

201708.11
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California Lemon Law Guide: What Is a “Substantial Impairment of Use, Value or Safety”: Schreidel v. American Honda

Is your car a “lemon”?  Under the Lemon Law’s terms, you must have suffered a substantial impairment of the vehicle’s use, value or safety.    The case, Schreidel v. American Honda Motor Co., 34 Cal.App.4th 1242 (1995) provides examples.  In that case, the early appearance and repeated clutch problems caused the consumer to feel like…

201708.10
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California Lemon Law Guide: Your Expert Fees Are Recoverable: Jensen v. BMW

Many times consumers are forced to hire their own mechanic or other expert to assist with their Lemon Law case.  The Court in Jensen v. BMW specifically held that those expenses are recoverable by the consumer who wins their case against a manufacturer.  All reasonably incurred expert expense, just as any other cost, and just…

201708.10
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Ford Focus and Fiesta Lemon Law Alert: Beware the September 5 Class Action Deadline

So you received notice of the class action settlement for 2012-2016 Ford Fiesta or Ford Focuses, what now? Make sure to contact a lemon law lawyer If your Fiesta or Focus has experienced the same shuddering, hesitating, jerking, lack of power, failure to shift, failure to start, grinding, activation of the “CHECK ENGINE” warning light,…

201708.04
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Ford Explorer Exhaust Leaks Plague the Police

NHTSA is investigating, and several police and sheriff departments across the country have complained about, exhaust leaks in the Ford Explorer.  CO2 monitors have been installed by some of these departments and others claim officers have been getting sick or even passed out.  Dramatic video shows a Ford Explorer police SUV crashing.   If you…