by Erin K. Barns | Apr 26, 2020 | California Lemon Law
The appellate court in Reynolds v. Ford Motor Company, — Cal.Rptr.3d —-, 2020 WL 1921742, made it absolutely clear: Courts cannot consider the contingency fee when making statutory fee awards under the California Lemon Law fee shifting provisions. Trial...
by Daniel Z. Inscore | Apr 24, 2020 | California Lemon Law
In 1995, the Krotin v. Porsche Cars North America, Inc., 38 Cal.App.4th 294 court clarified how the California Lemon Law is supposed to work. In rejecting a jury instruction putting an unwarranted burden on California consumers to reject or revoke acceptance of the...
by Jessica R. Underwood | Apr 23, 2020 | California Lemon Law
The California Lemon Law (Song-Beverly Consumer Warranty Act) provides specific remedies and damages to California consumers, including restitution (refund) and civil penalties. Despite the harrowing experiences and frustrations unrepaired defects in cars cause, as a...
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...
