CALIFORNIA LEMON LAW ATTORNEYS » california lemon law

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

admin — Thu, 16 Jun 2011 17:33:13 +0000

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.

Honda Civic Hybrid, The Class Action That Couldn’t

admin — Wed, 06 Apr 2011 18:25:04 +0000

Honda has major problems with its Civic Hybrids. In fact, in 2009 Honda attempted to enter into a class action lawsuit settlement concerning its 2003 to 2008 Civic Hybrids. However, the judge would not approve the settlement. The main problem with these Civic Hybrids is they get nowhere near the estimated fuel mileage. The estimates are in the 50 MPG range and owners have reported getting in the 30 MGP range. This substantial difference in fuel mileage estimates and actual fuel mileages is too huge to be blamed on “driving characteristics.” With fuel prices once again surging, this 20 MPG difference between the estimates and reality means hundreds, if not thousands, of dollars in extra fuel costs for Honda Hybrid owners. Although the class action settlement was not approved, the good news is that Honda Hybrid owners may have rights under the California Lemon Law. Contact one of our California Lemon Law attorneys for a free consultation.

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

admin — Thu, 03 Mar 2011 17:47:25 +0000

On March, 2, 2011, the Forth Appellate District of the California Court of Appeal ruled in Martinez v. Kia Motors America, Inc.that the Califonia Lemon Law (Song-Beverly Consumer Warranty Act) does not require California consumers to have possession of a lemon vehicle in order to qualify for California Lemon Law remedies. In Martinez, the consumer was denied warranty coverage by a Kia. The vehicle was repossessed by the lender and the consumer thereafter filed a lawsuit against Kia claiming restitution remedies under the California Lemon Law. Kia argued on appeal that in order to qualify for California Lemon Law restitution remedies, the consumer must have possession of the vehicle. The court disagreed observing that the specific language of the California Lemon Law does not require that a California consumer have possession of the lemon vehicle in order to qualify for California Lemon Law remedies. The consumer need only prove the basic elements of a California Lemon Law claim in order to be entitled to damages. Once the basic California Lemon Law claim elements are met, the manufacturer has an immediate duty to provide the consumer California Lemon Law remedies. Therefore, any California consumer who does not have possession of a lemon vehicle may nevertheless be entitled to California Lemon Law damages.

AVOIDING WARRANTY DENIAL

admin — Wed, 02 Mar 2011 17:21:07 +0000

One category of California Lemon Law cases that our California Lemon Law law firm handles is warranty denial cases. Warranty denial is when a manufacturer refuses to repair a vehicle under warranty even though the warranty is still in effect. The main reasons for warranty denial are – lack of vehicle maintenance; modifications to the vehicle; adding after-market accessories to the vehicle; using the vehicle in an abusive way. One should always maintain the vehicle according to the vehicle’s maintenance schedule and keep detailed records of the maintenance. If the maintenance is performed at an auto repair shop, keep the repair orders and invoices as proof of maintenance. If one performs the maintenance them self, keep receipts for oil, filters and other maintenance items. Keep notes of the date the maintenance was performed, the odometer mileage when the maintenance was performed and what specifically was done to the vehicle. As for modifications and after-market items, the best way to avoid warranty denial is to not modify the vehicle or add after-market items. And of course to avoid warranty denial based upon abuse one should use the vehicle in a reasonable manner.

If the manufacturer does deny warranty coverage, the California Lemon Law requires that the manufacturer prove the lack of maintenance, modification, after-market accessory or abuse caused the problem that needs repair. In most cases, it is very difficult for the manufacturer to prove a problem is caused by lack of maintenance, modification, after-market accessory or abuse. As such, if one finds them self in a warranty denial situation, there is a good chance the manufacturer will have to cover the problem under warranty. If you believe you have been wrongfully denied warranty coverage, give us a call and one of our California Lemon Law attorneys would be happy to provide you with a free consultation.

BMW High Pressure Fuel Pump

admin — Thu, 24 Feb 2011 05:04:21 +0000

One of the worst problems our California Lemon Law law firm has seen in recent years is the defective BMW high pressure fuel pump found in the BMW 335i and BMW 535i models equipped with the N54 engine. The defective high pressure fuel pump can cause extremely dangerous situations for drivers and passengers of these vehicles. For example, these defective fuel pumps can cause the engines to shut down, have loss of power, not start and generally run poorly. BMW of North America, Inc. is fully aware of the defects in these high pressure fuel pumps. If you purchased one of these vehicles in California and are having problems with the vehicle’s engine, you may be entitled to relief under the California Lemon Law.

Ford Motor Company’s 6.0 Liter Diesel Engine

admin — Fri, 18 Feb 2011 23:42:31 +0000

As a California lemon law attorneys, we see many problems with many different types of vehicles. Every once in a while though, a particular manufacturer has a problem with a vehicle component that we see quite often. Ford Motor Company’s 6.0 liter diesel engine found in Ford F-Series trucks (Ford F-250; Ford F-350; Ford F-450; etc.) is one of those problematic components. Problems with the engine include defective fuel injectors; defective turbos; check engine lights continuously on; lack of power; black and white exhaust smoke; hard starting; etc. One irony of the 6.0 liter diesel engine is that it is made to haul and tow heavy loads, yet seems to exhibit most of its problems when the engine is under load. One good thing about the 6.0 liter diesel engine is that it is covered by a 5 year, 100,000 mile warranty. The warranty does provide some peace of mind for Ford truck owners and it also provides an extended timeline in which to bring a California lemon law case if engine problems are ongoing.

Toyota Recall: Is My Car A Lemon?

admin — Fri, 12 Feb 2010 19:30:16 +0000

Ever since news of the Toyota recalls received extensive media attention, we have been getting calls from concerned Toyota owners. Most of the owners want to know if the California Lemon Law covers their vehicle because of the recall.

Generally, to have a Lemon Law claim in California the buyer of a vehicle must experience a problem covered by the warranty which has been subject to a reasonable number of repair attempts. Many of the inquiries we have received have come from individuals who have not experienced a problem with their vehicle but fear a problem may occur in the future.

This fear is certainly well founded given the recent revelations which have been widely broadcast. However, the California Lemon Law will not generally apply to a fear by itself without experiencing a problem and in most situations providing the manufacturer an opportunity for repair.

The good news is that the media coverage has caused more people to be concious of the repair history of their vehicle. People are beginning to take a closer look at the problems they have experienced, not just with Toyota vehicles but all makes and models. This repair history scrutiny is opening the eyes of many consumers as they realize that their “new” car problems may fall within the provisions of the California Lemon Law.

If you suspect that your vehicle is part of the Toyota recalls you should check the National Transportation Safety Adminstration website http://www.nhtsa.dot.gov/ for information. If you believe your vehicle may be a lemon you should consult with a qualified Lemon Law attorney in your State.