Barnes and Farrell, California Lemon Law Attorneys

Posts Tagged ‘California lemon law lawyer’

UPDATE – YOU DON’T NEED TO HAVE POSSESSION OF THE VEHICLE TO QUALIFY FOR CALIFORNIA LEMON LAW REMEDIES

In a previous post, it was noted that a California appeals court held in Martinez v. Kia Motors America, Inc.  that the California Lemon Law does not require a California consumer to have possession of the vehicle to qualify for the California Lemon Law restitution (repurchase) remedy.  The case was appealed to the California Supreme Court by Kia.  In addition, the automobile manufacturers requested that the Supreme Court depubish the Matinez opinion.  If the opinion were to be depublished, it would no longer establish legal precedence nor would it be binding legal authority in relation to the California Lemon Law.  This office, via letter, requested that the California Supreme Court not depublish the Martinez opinion because it was properly decided.  Good news!  The California Supreme Court refused to accept the case for appeal and refused to depublish the opinion.  As such, Martinez  is now binding legal authority.  This opinion is extremely important for California consumers.  This is so because manufacturers will not be able to delay providing a consumer with a California Lemon Law restitution (repurchase) remedy in hopes that the consumer will get rid of the vehicle thereby extinguishing his/her California Lemon Law restitution right.  If you believe you may have, or have had, a lemon vehicle, give us a call and we will be happy to provide you with a  free consultation.