Ojai Lemon Law Attorneys

Ojai Lemon Law Attorneys Help Clients Secure Compensation for Vehicle Defects

Ojai, California, offers picturesque small-town living combined with easy access to major U.S. metropolitan areas, including Los Angeles and Santa Barbara. Its location northwest of the Los Angeles area makes it a common stopping place for visitors and an important intersection in trade and transportation routes in Ventura County. 

Every day, thousands of people in and around Ojai rely on their vehicles to travel to work, school, appointments, and other essential stops. Families, households, and small businesses in Ojai all purchase new vehicles, expecting their cars to run reliably. When this expectation is dashed by repeated breakdowns and failed repair attempts, what was meant to be a helpful addition to your transportation options quickly becomes a source of stress and aggravation. 

If you suspect you have a lemon vehicle, talk to an experienced Ojai lemon law attorney today. The team at Wirtz Law APC is here to help. 

How Big is California’s Lemon Vehicle Problem?

In 2022, the California Department of Motor Vehicles recorded 35,656,590 new and renewed vehicle registrations throughout the state. The DMV recorded 811,780 of those registrations, or about two percent, within Ventura County. 

Most vehicles registered in California aren’t lemons. Yet all vehicles that become part of a lemon law claim must be registered with the state. This makes California vehicle registrations a useful starting point when seeking information on California’s lemon vehicle problem. 

In their 2021 report “The Auto Lemon Index,” the California Public Interest Research Group (CALPIRG), the CARS Foundation, and Frontier Group examined lemon lawsuits filed in the state between 2018 and 2021. 

The researchers found that during this period, 7.6 new vehicle registrations were filed in California. Between 2018 and 2021, 34,397 lemon lawsuits were filed in California courts. Put another way, of all the new vehicles registered in California between 2018 and 2021, 0.45 percent became the subject of a lemon lawsuit.

Less than one-half of one percent can seem like a small number of lemon law claims. But a lemon vehicle is a big problem for those who have one on their hands. 

It’s also important to note that most lemon law claims don’t go to court. The Auto Lemon Index tracks lawsuits, but it doesn’t contain numbers for the lemon law cases that settle out of court each year. 

The researchers also noted that the lemon vehicle issue may be even larger than lawsuit and settlement numbers indicate. For instance, the Auto Lemon Index notes that in 2021, 10,707 lemon lawsuits were filed in California courts. Yet during the same year, 6.3 million vehicles were out on California roads with at least one unrepaired, recalled defect. For many Ojai drivers, realizing they have a lemon on their hands is just a matter of time.

Who is Protected by California Lemon Law?

California’s lemon law has expanded from its original version, first passed in 1970. Amendments and new laws passed in the intervening 53 years have extended its protections and clarified its terms. Today, California has one of the most comprehensive lemon laws in the United States. 

Which Vehicles Does California Lemon Law Cover?

Vehicles are typically covered by California lemon law if they meet three criteria.

First, the vehicle owner must have bought or leased the vehicle in California. Some exceptions apply for active-duty service members of the US armed forces, which we discuss below. 

Second, the vehicle owner must buy or lease their vehicle “at retail.” For most vehicle owners or lessees, this means getting their vehicle from a dealership or directly from the manufacturer. Buying a vehicle in a private sale, such as buying a used car from a neighbor or coworker, isn’t covered under lemon law – although you may have other legal rights available. 

Finally, an original manufacturer’s warranty or certified pre-owned (CPO) warranty must be in effect when the vehicle’s issues start. Lemon law protections only apply to issues that are covered by one of these warranties. 

Before bringing a lemon law claim, a vehicle owner must give the automaker a “reasonable number of attempts” to fix the vehicle. 

What counts as a “reasonable attempt”? Whether or not the dealership actually fixed the problem, simply presenting your vehicle to the authorized repair facility counts as a reasonable attempt. California lemon law has no bright line rule for the number. However, courts have held that at least two presentations may be enough. Thus, what is a reasonable number of attempts is two or more and it depends on each specific situation, vehicle, and owner. 

If the vehicle is out of service for more than 30 days total, that can suffice to meet the reasonable number of attempts, even though it is only one time. 

Are Small Businesses Covered by California Lemon Law?

California lemon law has always covered vehicles owned for personal, family, or household use. In 2000, the California legislature extended lemon law protection to many of California’s small businesses. 

A small business may bring a lemon law claim if:

• The business owns five or fewer vehicles in total, and
• The suspected lemon vehicle has a curb weight under 10,000 pounds. 

Many passenger vehicles, small vans, and work trucks meet the curb weight requirement. 

Businesses that don’t meet the lemon law requirements may have other legal remedies available. It’s important to speak to an experienced Ojai lemon law attorney to understand your legal rights. 

What Protections Does California Lemon Law Give Military Service Members?

In most cases, California lemon law requires that a vehicle be purchased or leased in California. For active duty military service members, however, this requirement is waived. A service member may bring a lemon law claim even if they bought or leased their vehicle outside California, as long as the service member is stationed in California. 

This addition to California lemon law recognizes that active-duty service members have a responsibility to go where they are stationed – and that they may not have the option to return to the state where they bought their vehicle to file a lemon law claim. California creates a path to protection for these service members and their families. 

What Compensation Can I Get if My Vehicle is a Lemon?

California lemon law allows vehicle owners to seek compensation for a lemon vehicle. The law outlines four possible categories of compensation: refund or replacement, incidental and consequential damages, attorney’s fees, costs and expenses, and civil penalties. 

Refund or Replacement

Also known as the “buyback” requirement, the refund or replacement requirement is perhaps the best-known part of California’s lemon law. This provision requires an automaker to provide either a refund of the vehicle’s purchase price or a “substantially similar” replacement vehicle. The vehicle owner chooses which they prefer. 

Refunds or “buybacks” are calculated according to formulas set out in the lemon law. An experienced attorney can help you ensure that an automaker performs these calculations accurately and pays you the full buyback amount you are owed.

Incidental and Consequential Damages

The cost of the vehicle is usually the single most expensive loss in a lemon law claim. But it is rarely the only loss. 

Incidental and consequential damages cover costs that are related to the lemon vehicle but that aren’t included in the vehicle itself. For example, you may have hundreds of dollars in towing expenses if your vehicle broke down repeatedly. You may have spent money on a rental car, a bus pass, or ridesharing fees so you could get around while your car was in the shop. 

These costs are examples of incidental and consequential damages. You can seek compensation for them in your lemon law claim. 

Attorney’s Fees

California lemon law requires an automaker to pay “reasonable attorney’s fees” plus costs, and expenses, for a vehicle owner who prevails in their lemon law claim. 

The California legislature recognizes that experienced legal representation is essential when a single vehicle owner stands up to a powerful automaker – and that the costs of legal representation can be a burden for many families and businesses. This provision ensures that the owner of a lemon vehicle can receive the representation they need without facing undue expenses. 

To learn more about how the attorney fees provision might affect the costs of your claim, ask an experienced Ojai lemon lawyer to schedule a free consultation with you. 

Civil Penalties

Finally, you may also be entitled to a civil penalty if the automakers failure to follow the California Lemon Law was willful. This civil penalty is additional damages that can be as much as two times your actual damages. The legislature intended this penalty to discourage manufacturers from violating the law.  

Where Can I Turn for Help With My Ojai Lemon Law Claim? 

Nobody wants to own a lemon vehicle. Whether you buy or lease a vehicle for yourself, your family, or your small business, you do so because you need safe, reliable transportation. Whether you bought your dream vehicle or a sturdy work ride, you want your vehicle to do exactly what it should do. Dealing with vehicle breakdowns adds stress you simply don’t need – and it can even put you and your passengers in danger.

You don’t have to deal with a lemon vehicle alone. Talk to the dedicated Ojai lemon law attorneys at Wirtz Law APC today. We’ll help you understand how California lemon law applies to your case and fight for your rights. Contact us today to schedule a free, confidential consultation.