California Lemon Law

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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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