On June 28, 2021, a new class action lawsuit was filed in California court against Hyundai Motor America. The plaintiff, Mr. Siamak Kermani, is represented by Wirtz Law APC, O’Connor Law Group, and Reallaw APC. The class action is on behalf of consumers throughout California, claiming dangerous battery systems in their electric Hyundai vehicles, caused...
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Category: California Lemon Law
Class Action Lawsuit Filed against BMW for Dangerous Battery Defect
On December 3, 2020, a new class-action lawsuit was filed in California federal court against BMW of North America, LLC. The class action is on behalf of consumers throughout California, due to unreasonably dangerous battery systems in their hybrid BMW vehicles, caused by debris during the manufacturing process. The defective batteries were produced by Samsung...
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Forced Arbitration Review: Act Fast to Opt Out of Tesla’s Forced Arbitration Provision
Binding pre-dispute arbitration provisions are nearly ubiquitous in consumer contracts. Most consumers do not even know that such provisions are in the lengthy boilerplate contracts presented to them by credit card companies, mobile phone providers, and manufacturers. Arbitration has statistically verified as a less favorable forum for consumers and a more favorable forum for large...
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Forced Arbitration Review: Striking Forced Arbitration from Purchase Agreement or Lease – Example: The LAW 553
Binding pre-dispute arbitration provisions are nearly ubiquitous in consumer contracts. Most consumers do not even know that such provisions are in the lengthy boilerplate contracts presented to them by credit card companies, mobile phone providers, and manufacturers. Arbitration has statistically verified as a less favorable forum for consumers and a more favorable forum for large...
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Can I Trade-In My Lemon?
When you are stuck with a lemon and the manufacturer has failed or refused to repurchase your defective vehicle, you may be tempted to trade in the vehicle toward the purchase of a new vehicle. While you don’t need to still possess your vehicle to bring a lemon law claim in California, a recent California...
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Hyundai Sonata, Santa Fe, Tucson & Kia Optima, Sorrento, Sportage – Model Years 2011-2019 Have Defective Theta II Engines Subject to California Lemon Law
When you are stuck with a lemon and the manufacturer has failed or refused to repurchase your defective vehicle, you may be tempted to trade in the vehicle toward the purchase of a new vehicle. While you don’t need to still possess your vehicle to bring a lemon law claim in California, a recent California...
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The Mega-Profitable Auto Industry Should Buyback Its Lemons
It’s no surprise that the leading auto makers in the world are making so much money that the average consumer has to count the commas in the profit numbers to read it. That’s right — three commas means billions, not just millions. Twelve of the world’s auto manufacturers are in the Global Fortune 500 list...
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Post-Warranty Repairs Can Prove a Car Was Never Actually Fixed under California Lemon Law
Most of us have experienced that sinking feeling when your car starts acting up after the warranty has expired and you realize you’ll have to pay out of pocket for the necessary repairs. Or worse – when you bring your car in and unexpectedly get the bad news that the needed repairs “aren’t covered by...
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Do I Still Need To Have My Car To Make a California Lemon Law Claim?
Under the Song-Beverly Consumer Warranty Act, known as California’s Lemon Law, a consumer does not have to keep a defective vehicle to pursue their rights. In Martinez v. Kia Motors America, Inc., (2011) 193 Cal.App.4th 187, the Court of Appeal definitively ruled that current vehicle ownership is not a requirement for relief under the California...
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