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…

201708.04
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California Lemon Law Guide: Krotin v. Porsche and the Manufacturer’s Duty to Repurchase

Today starts The Consumer’s Friend Blog’s review of the key cases in California Lemon Law. The first up is Krotin v. Porsche Cars of North America, 38 Cal.App.4th 294 (1995). This is a very important case for consumers. It tells us that the manufacturer (who warranted the vehicle) has an affirmative duty to buyback its…

201703.15 2

Dodge Dart Lemon Law Alert: Defective Clutches

We have been contacted by Dodge Dart owners regarding their Lemon Law rights.  Here is the complaint: the Dodge Dart  clutch pedals get stuck on the floors due to defective clutch master cylinders in the Fiat C635 manual transmissions. According to several cases already on file, the Dart transmission has defects in the clutch master cylinder…

201703.09
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Consumer Protection Legislation: Consumer’s Immigration Status Can Not be Used as a Shield by Car Dealers for Dealer Fraud

A new California Assembly bill, AB1690, would add “consumer protection” to existing state law that makes a person’s immigration status “irrelevant to the issue of liability, and in proceedings or discovery” in labor, employment, civil rights and housing cases. A good article in the Daily Journal points out that this is really a clarification of…