by Jessica R. Underwood | Apr 23, 2020 | California Lemon Law
The Song-Beverly Consumer Warranty Act (“Act”), known as the California Lemon Law, is one of the most pro-consumer pieces of legislation on California’s books today. In Kwan v. Mercedes-Benz of North America Inc., (1994) 23 Cal. App. 4th 174, the court re-emphasized...
by Amy R. Rotman | Apr 18, 2020 | California Lemon Law
According to the Song-Beverly Consumer Warranty Act, California’s lemon law, a buyer can recover civil penalties if the manufacturer willfully violated the Ac In this context, “willful” means the manufacturer “knew of its legal obligations and intentionally declined...
by Amy R. Rotman | Apr 18, 2020 | California Lemon Law
The civil penalty is amount of damages in addition to a buyer’s actual, incidental, and consequential damages. Civil Penalties are meant to punish or deter a manufacturer or distributor from future violations of the Song-Beverly Consumer Warranty Act, California’s...
by Amy R. Rotman | Apr 18, 2020 | California Lemon Law
In addition to a refund of the price of the vehicle itself, a California buyer is entitled to recover incidental and consequential damages. The Song-Beverly Consumer Warranty Act, California’s lemon law, does not include an exhaustive list of what counts toward this...
by Amy R. Rotman | Apr 18, 2020 | California Lemon Law
Under the Song-Beverly Consumer Warranty Act, California’s Lemon Law, a buyer is entitled to either a repurchase of their defective vehicle or a replacement vehicle. The choice is the buyer’s. For a repurchase, the buyer receives a refund of the vehicle’s...
by Amy R. Rotman | Apr 18, 2020 | California Lemon Law
No. The Song-Beverly Consumer Warranty Act (California’s lemon law) does not require that consumers contact manufacturers to request a buyback or replacement vehicle to get one. Instead, the California Lemon Law statute and cases interpreting the it have found that...
