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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Car Dealer Fraud? Did You Know the Lender / Finance Company Is on the Hook for the Consumer’s Damages and Attorney’s Fees?

In the recent case, Medina v. South Coast Car Company, Fourth App. Dist., Div.5, 2017 DJDAR 939 (Sept. 25, 2017), a California Court of Appeal affirmed a trial court’s judgment that Veros Credit, the lender on a fraudulent car sale, was held responsible for consumer damages and attorney’s fees through the “holder clause” that is…

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…

201708.08
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California Lemon Law Guide: Does California’s Lemon Law Apply to My Out of State Purchase — California State Electronics Assn v. Zeos

If you are a consumer with a lemon vehicle, one of the first questions to ask is “What laws protect me?”  Many consumers in California lived out of state previously and may have purchased their vehicle somewhere else.  Does California’s Lemon Law protect them?  Unless you are active duty military (as explained below), it depends…

201708.07
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California Lemon Law Guide: Consumers Do Not Have to Waive Rights, or Agree to Confidentiality Gag Orders to Have Lemons Bought Back: Goglin v. BMW North America

Can the car maker force you to sign a “release” and waiver of your non-lemon claims?  Can it put a Gag Order on you in the form of Confidentiality or Non-Disparagement Clauses?  No, it cannot.   In Goglin v. BMW of North America, 4 Cal.App.5th 462, the Court held it was not enough for BMW…