The California Lemon Law allows consumers who successfully sue to recover as damages the price “paid or payable” for the subject vehicle, subject to an offset in favor of the auto manufacturer for plaintiffs’ use of the vehicle prior to first defect. Plaintiffs may also recover for violations of express warranty civil penalties of two...
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Category: California Lemon Law
Courts Must Not Consider Contingency Amounts in Deciding What MFG Must Pay for Attorney’s Fees in California Lemon Law Fee Shifting Cases
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 court judges have no discretion to reduce or deny statutory fee awards based on a contingency...
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Automakers Have an Affirmative Duty under California Lemon Law to Repurchase Lemons without a Call from the Consumer
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 vehicle to obtain California Lemon Law remedies, the court held that a...
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Can Consumers Recover Emotional Distress Damages under the 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 general rule, damages strictly for emotional distress are not recoverable under the California Lemon Law. (Kwan v. Mercedes-Benz of North...
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Automakers Who Fail To Review Their Own Warranty Records Can Be Subject To Civil Penalties Under California’s 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 the importance of civil penalties to maintain the protective purpose of the law....
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What Does Willful Mean Under The 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 Act In this context, “willful” means the manufacturer “knew of its legal obligations and intentionally declined to follow them.” This means that the manufacturer knew what it was doing and intended to do...
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What Is the Civil Penalty under the 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 Lemon Law. A buyer can recover the civil penalty if they can establish that the manufacturer...
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What Are Incidental And Consequential Damages Under California’s 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 total. Instead, the Act states such damages include but are not limited to...
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What Remedies and Damages are Available under California’s 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 purchase price and incidental and consequential damages, with a mileage offset taken from this...
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Does a California Consumer Have to Request a Buyback?
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 the manufacturers have an affirmative duty to reach out to consumers whose vehicles qualify to...
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