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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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…

201708.10
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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,…

201708.08
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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…

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…

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…