Burbank Lemon Law

Burbank Lemon Law

Burbank Lemon Law Attorneys

Located on the southeastern end of the San Fernando Valley and northwest of downtown Los Angeles, Burbank is a bustling hub of activity. The city’s more than 107,000 residents travel daily to work, school, appointments, and other activities. As the home of many of the world’s major media and entertainment companies, Burbank attracts thousands of visitors daily for work and tourism. 

All these factors combine to make Burbank an essential place in which to own a reliable vehicle. If you’ve bought or leased a vehicle that is subject to regular breakdowns, however, your frustration may be at an all-time high. 

If you’re dealing with a lemon vehicle, don’t wait. Talk to an experienced Burbank lemon law attorney today. Reach out to the team at Wirtz Law APC to learn more. 

Statistics on Lemon Vehicles in California

In 2022, the California Department of Motor Vehicles recorded more than 35.6 million new and renewed vehicle registrations. Busy Los Angeles County accounted for the single largest number of these registrations in any county, adding more than 7.8 million vehicles to the DMV’s lists in 2022. 

How many of these vehicles were lemons? It’s tough to tell. Most lemon vehicles come from new registrations, not renewed ones. Also, since most lemon law claims never go to court, looking at lawsuit numbers doesn’t provide a full picture of the impact of vehicle defects. 

Research on lemon law claims provides a starting point, however. In their Auto Lemon Index, the California Public Interest Research Group (CALPIRG), the CARS Foundation, and the Frontier Group found that between 2018 and 2021, about 7.6 million new vehicle registrations were turned into the California DMV. During these years, about 34,397 lemon lawsuits appeared in California courts, or about 0.45 percent of all new vehicle registrations.

Most lemon vehicles don’t become the subject of a lawsuit, however. Most claims are settled out of court. While the Auto Lemon Index doesn’t track the number of settlements, it’s likely to be far higher than the number of court cases. 

There may also be many potential lemon vehicles on Burbank roads at any given time. CALPIRG and fellow researchers also estimated that, while only 10,707 lemon lawsuits were filed in 2021, about 6.3 million vehicles on California roads had at least one “hazardous unrepaired recall” attached to them. The number of potential lemons on the roads isn’t accurately reflected in lawsuit or settlement numbers. 

California Lemon Law Protects Many Vehicle Owners

California’s lemon law has expanded since 1970 to cover more types of vehicle owners. The current version of the law covers some small businesses and even active-duty members of the United States armed forces. 

Requirements for Vehicle Owners

Anyone seeking protection under California lemon law must meet the requirements for all vehicle owners under the law. A vehicle owner or “consumer” is covered by the law if they:

  • Buy or lease a new or certified pre-owned (CPO) vehicle “at retail,” such as from a dealership or directly from a manufacturer
  • The vehicle must be covered by the manufacturer’s warranty or a CPO warranty,
  • The problem with the vehicle “substantially impairs the use, value, or safety of the vehicle to the consumer” and
  • The problem didn’t result from unauthorized or unreasonable vehicle use once it was sold.
  • The vehicle remains unrepaired

Vehicle owners must give the automaker a “reasonable number of repair attempts” to fix the vehicle. What counts as a “reasonable number” often depends on the problems that need to be fixed and the facts surrounding the specific vehicle. However, the courts have held that as little as two attempts can be a reasonable number of attempts. Your specific situation can affect the reasonable number. In some situations, simply being at the shop for more than 30 days may qualify. A Burbank lemon law attorney can help you determine if you’ve met this and other lemon law requirements. 

Small Business Protections

From the start, California lemon law always protected vehicle owners who bought cars for personal, family, or household uses. Additions to the law after its initial passage also extended protections to some small businesses

California lemon law has two requirements for small businesses. One applies to the business itself, and one applies to the vehicle. 

To be covered under California lemon law for small businesses:

  • The small business must have five or fewer vehicles total, including the suspected lemon.
  • The suspected lemon vehicle must have a gross vehicle weight (GVW or “curb weight”) under 10,000 pounds. 

If a business doesn’t qualify for protection under the lemon law, it may still have other legal remedies available. Speak to an experienced Burbank lemon lawyer to learn more. 

Protections for Active-Duty Military Service Members

California lemon law requires a vehicle to be purchased or leased in California – with one exception. Active-duty members of the US armed forces can bring a lemon law claim in California even if they bought or leased their vehicle in another state. 

This provision recognizes that those serving on active duty in the armed forces may be unable to travel to another state to fight for their rights under that state’s lemon law. California thus creates an avenue for service members to receive lemon law protection without leaving California. 

Compensation for California Lemon Law Claims

Many people are familiar with California lemon law’s “refund or replacement” requirement, also known as the “buyback” provision. Yet this is not the only form of compensation California lemon law provides. 

Under California’s lemon law, Burbank lemon vehicle owners can seek four distinct types of compensation: a refund or replacement, incidental and consequential damages, and attorney’s fees. 

Refund or Replacement

California lemon law allows a vehicle owner to choose whether they want to receive a refund of the purchase price or a “substantially similar” replacement vehicle from the automaker. 

The refund or replacement requirement is often the single largest portion of a lemon owner’s compensation. As a result, automakers may attempt to calculate the refund incorrectly or offer a vehicle that is not “substantially similar” to the lemon. Working with a dedicated Burbank lemon law attorney can help you ensure you receive a fair refund or replacement. 

Incidental and Consequential Damages

The lemon vehicle itself is a costly loss. Many lemon vehicle owners focus on the refund or replacement requirement for this reason. 

Yet, in many cases, the vehicle itself isn’t the only cost. Many lemon vehicle owners rack up hundreds of dollars in towing fees due to repeated vehicle breakdowns. While they wait for their vehicle to be fixed, owners may rack up additional costs by renting a vehicle, riding public transportation, paying rideshare or cab fees, or any combination of these. 

Costs like these are known as “incidental or consequential damages.” Vehicle owners can seek to have them reimbursed by automakers as part of a lemon law claim. An attorney can help you gather the evidence required to prove these losses and get them returned to you. 

Attorney’s Fees, Costs and Expenses

California lemon law requires automakers to pay the “reasonable attorney’s fees” plus costs and expenses of vehicle owners who can prove their lemon law claim. 

The attorney’s fees provision makes it possible for many Burbank residents to receive experienced legal representation. Auto companies typically have a full-time staff of attorneys whose only job is to handle claims against the company – including lemon law claims. California law seeks to level the playing field by making it possible for vehicle owners to receive representation from an experienced lawyer without draining their bank accounts. 

In addition, many Burbank lemon law attorneys work “on contingency.” Under a contingency agreement, you won’t pay attorney fees if you lose your case, either. These agreements, combined with the attorney fee requirement in the lemon law, may allow you to work with a lawyer while paying little or nothing out of pocket. 

To learn more about how the attorney fee requirement and contingency agreements work, talk to a dedicated Burbank lemon law attorney today. 

Civil Penalties

California’s lemon law also provides for the imposition of civil penalties. This is additional damages up to two times your actual damages to punish the automakers from a willful failure to buy back or replace your vehicle. The intent of this provision is to encourage the automakers to comply with the consumer protection laws provided by the California Lemon Law.

Talk to an Experienced Burbank Lemon Law Attorney for Help With Your Claim Today 

You can turn your lemon into lemonade – but you don’t have to do it alone. If you have a lemon vehicle, the best response is to speak to an experienced Burbank lemon lawyer

Your attorney can help you protect your legal rights and fight for the compensation you deserve. With a dedicated lemon law attorney on your side, you can stand up to powerful automakers and ensure that you receive everything you’re entitled to under California lemon law. 

California’s lemon law is one of the strongest in the United States – and the team at Wirtz Law APC is here to help our clients hold automakers accountable under that law. For more information, call our office today to schedule a free, confidential case evaluation.

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I bought a 2014 Jeep Cherokee from the 3 months I had my dream car I started having problems. When I could not resolve my problems with the dealer or Chrysler I started making phone calls to see what Lemon Law Firm could take to make my case. I made about a dozen or more…

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