What is the lemon law?

Useful Rulings on Lemon Law

Recent Rulings on Lemon Law

RAUL GUZMAN VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY

procedural history Guzman filed the Complaint on July 23, 2019, alleging two causes of action: Violation of Song-Beverly Consumer Warranty Act Magnuson-Moss Act On December 10, 2019, Guzman filed a Notice of Settlement. On June 16, 2020, Guzman filed the present Motion for Attorneys’ Fees. On July 6, 2020, FCA filed an untimely Opposition. On July 8, 2020, Guzman filed a Reply.

  • Hearing

    Jul 15, 2020

  • Type

    Contract

  • Sub Type

    Breach

DANIEL KANG VS VOLVO CARS OF NORTH AMERICA, LLC, ET AL.

(a); § 1794) The Song-Beverly Consumer Warranty Act (Civ. Code, section 1790 et seq.) governs warranties for consumer goods.

  • Hearing

    Jul 14, 2020

JESSICA STEVENS, AN INDIVIDUAL, ET AL. VS NBA AUTOMOTIVE, INC., A CALIFORNIA CORPORATION, ET AL.

The TAC asserts causes of action for: Violation of the Consumers Legal Remedies Act; Violation of the Song-Beverly Consumer Warranty Act; Violation of Business and Professions Code § 17200, et seq.; Fraud and Deceit; Negligent Misrepresentation; and Violation of Vehicle Code § 11711, et seq. Defendant General Motors, LLC (hereinafter “Defendant” or “GM”) demurs to the first, fourth, and fifth causes of action.

  • Hearing

    Jul 14, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOSE MEZA VS NISSAN NORTH AMERICAN, INC

The Song-Beverly Act and its lemon law provisions limits its application to goods sold in California and has certain provisions that afford protections greater than the requirements of the federal Magnuson Moss Act. (See Civil Code §§ 1792, 1792.1; Atkinson v. Elk Corp of Texas (2006) 142 Cal.App.4th 212, 231.) As the statute’s application to lemon law is for vehicles “sold in this state” such phrase is interpreted to restricting the scope to goods sold in California. (California State Electronic Ass’n v.

  • Hearing

    Jul 13, 2020

BRUCE A ARONSON VS KIA MOTORS AMERICA, INC

Discussion This is a lemon law case. On January 30, 2020, Plaintiff Bruce A. Aronson filed this action against Defendant Kia Motors America, Inc. (“Kia”).

  • Hearing

    Jul 10, 2020

TIMOTHY PAINTER VS VOLKSWAGEN GROUP OF AMERICA, INC., ET AL.

This is a routine lemon law case. The parties have a legal and professional obligation to attempt to resolve it without needlessly increasing fees. The parties are ordered to meet and confer in good faith in order to narrow the scope of the requests at issue. The hearing on the instant motion is continued to July 22, 2020 at 3:00 p.m. in Department 37.

  • Hearing

    Jul 10, 2020

SANCHEZ V. AMERICAN HONDA MOTOR CO., INC.

The lodestar method is applicable to calculating attorney's fees under the Song-Beverly Consumer Warranty Act. An experienced trial judge is the best judge of the value of professional services rendered in his or her court. (Id. at p. 997.) It is within the court’s discretion to decide which of the hours expended by the attorneys were “reasonably spent” on the litigation. (Meister v. Regents of Univ. of California (1998) 67 Cal.App.4th 437, 449.)

  • Hearing

    Jul 10, 2020

KARINA BRAVO VS FCA US, LLC

.: 20STCV03738 Hearing Date: July 10, 2020 [TENTATIVE] order RE: (1) demurrer to complaint (2) motion to strike portions of the complaint Background Plaintiff Karina Bravo (Plaintiff) commenced this lemon law action against Defendant FCA US, LLC (FCA) on January 29, 2020. Plaintiff alleges that she purchased a 2017 Jeep Cherokee (Vehicle) which contained or developed transmission defects.

  • Hearing

    Jul 10, 2020

BRUCE A ARONSON VS KIA MOTORS AMERICA, INC

Discussion This is a lemon law case. On January 30, 2020, Plaintiff Bruce A. Aronson filed this action against Defendant Kia Motors America, Inc. (“Kia”).

  • Hearing

    Jul 10, 2020

JAIME ALFARO, ET AL. VS FCA US, LLC, ET AL.

STATEMENT OF FACTS This is a Lemon Law action whereby Plaintiffs allege that Defendants failed to repair the subject vehicle to conform to warranties after a reasonable number of attempts. Plaintiffs move to (1) compel the deposition of Defendant FCA US LLC’s Person Most Knowledgeable with production of documents, with a request for monetary sanctions, and (2) compel further responses to Special Interrogatories No. 42, 43 and 45. 1.

  • Hearing

    Jul 10, 2020

BUCK V. FORD MOTOR COMPANY, ET AL.

Background Plaintiffs David and Bonnie Buck (“Plaintiffs”) bring this action against Ford Motor Company (“FMC”) and Lithia Ford Lincoln of Fresno (“Lithia”), alleging lemon law claims. According to the allegations of the complaint, in 2010, Plaintiffs purchased a vehicle from Lithia, which was manufactured and distributed by FMC. (Complaint, ¶ 8.) During the term of the express, three-year warranty, the vehicle contained or developed numerous defects. (Id. at ¶¶ 9, 10.)

  • Hearing

    Jul 09, 2020

ELISABETH GIMENEZ VS. AMERICAN HONDA MOTOR CO., INC.,

(Defendant) and Does 1 through 50, alleging: (1) breach of express warranty in violation of the Song-Beverly Consumer Warranty Act; (2) breach of implied warranty in violation of the Song-Beverly Consumer Warranty Act; and (3) violation of Civil Code section 1793.2, subdivision (b). On May 13, 2020, Plaintiff filed a motion for leave to file a first amended complaint.

  • Hearing

    Jul 09, 2020

MARY ANN SERNA , ET AL. VS KIA MOTORS AMERICA, INC, ET AL.

Plaintiffs argue that, in fact, in lemon law suits, it is already common practice for depositions of dealerships’ persons most qualified and employees, such as technicians, to be performed on-site at the dealerships themselves. Plaintiffs assert that should they choose to depose any non-party witnesses, the deposition would occur at or near the location where the individual is employed, minimizing or eliminating any alleged burden or inconvenience.

  • Hearing

    Jul 09, 2020

  • Type

    Contract

  • Sub Type

    Breach

ABDELLATIF JOUIBLI, ET AL. VS DIANA CAMACHO

While Ford presented evidence that Shahian represented it in California Lemon Law cases, it did not establish that any confidential information about the defense in those cases would be at issue in this case. Neither the allegedly defective 2008 Lincoln Navigator nor its repair history by Galpin Motors was the subject of any lawsuit in which Shahian represented Ford.

  • Hearing

    Jul 09, 2020

YANCE GOMEZ ET AL VS FCA US LLC

In Lemon Law cases, Civil Code section 1794, subdivision (d), “authorizes an award of expert witness fees in addition to costs.” (Jensen v. BMW of North America, Inc. (1995) 35 Cal.App.4th 112, 119.) Thus, costs normally not allowed by Code of Civil Procedure section 1033.5 can be allowed to the prevailing party under Civil Code section 1794. (Id. at p. 137.)

  • Hearing

    Jul 09, 2020

MICHAEL LEHNING VS NISSAN NORTH AMERICA, INC, ET AL.

Training manuals re lemon law repurchase requests. (2015-2019 only.) Unless waived, notice of ruling by moving party.

  • Hearing

    Jul 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

EDDIE URQUIZA VS BMW OF NORTH AMERICA LLC

This is a lemon law action arising out of Plaintiff, Eddie Urquiza (“Plaintiff”)’s purchase of a BMW 550i vehicle (“Subject Vehicle”) on April 1, 2014. Plaintiff contends he received an express written warranty in connection with the purchase and that during the warranty period, the Subject Vehicle developed defects including excessive oil consumption, a burnt oil smell, erroneous “low oil” light, coolant leaks, spark plus defects, and other defects.

  • Hearing

    Jul 08, 2020

ELIZABETH BOJORQUEZ VS COSTCO WHOLESALE CORPORATION

While Ford presented evidence that Shahian represented it in California Lemon Law cases, it did not establish that any confidential information about the defense in those cases would be at issue in this case. Neither the allegedly defective 2008 Lincoln Navigator nor its repair history by Galpin Motors was the subject of any lawsuit in which Shahian represented Ford.

  • Hearing

    Jul 08, 2020

ZIV BAHAT, ET AL. VS GENERAL MOTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

On January 18, 2019, Plaintiff Ziv Bahat and Jennifer Bahat (“Plaintiffs”) filed the instant lemon law action against Defendant General Motors LLC (“Defendant”). The Complaint alleges two causes of action for: 1) Breach of Implied Warranty of Merchantability (Song-Beverly Warranty Act); and 2) Breach of Express Warranty (Song-Beverly Warranty Act). The claims relate to a new 2016 GMC Yukon Plaintiffs purchased on October 3, 2016.

  • Hearing

    Jul 08, 2020

(NO CASE NAME AVAILABLE)

.: 20STCV00822 DISCLOSURE AND ORDER Although Judge Beaudet understands that this case is not being brought as a lemon law case under Song-Beverly, Judge Beaudet nevertheless hereby discloses that approximately 20 years ago, she and her husband purchased a pickup truck for her husband’s use that he recalls was either a Dodge or Chrysler pickup; Judge Beaudet does not remember the maker of the pickup. The pickup developed electrical problems.

  • Hearing

    Jul 08, 2020

(NO CASE NAME AVAILABLE)

While Ford presented evidence that Shahian represented it in California Lemon Law cases, it did not establish that any confidential information about the defense in those cases would be at issue in this case. Neither the allegedly defective 2008 Lincoln Navigator nor its repair history by Galpin Motors was the subject of any lawsuit in which Shahian represented Ford.

  • Hearing

    Jul 08, 2020

KIM NGO VS BMW OF NORTH AMERICA, LLC , ET AL.

The Court has now ruled upon several motions to compel arbitration brought by BMWNA in lemon law cases. In the prior motions, the arbitration clauses specified that they applied between (1) the buyer and the seller’s “affiliates” and (2) the buyer and “any third parties” if the buyer asserted claims against such parties in connection with a claim brought against the seller.

  • Hearing

    Jul 08, 2020

(NO CASE NAME AVAILABLE)

Plaintiff’s First Amended Complaint (“FAC”) alleges: Violation of the Consumers Legal Remedies Act (KDW Only); Violation of the Consumers Legal Remedies Act (Toyota); Violation of the Song-Beverly Consumer Warranty Act (KDW); Violation of the Song-Beverly Consumer Warranty Act (Toyota); Fraud and Deceit (KDW); Fraud and Deceit (Toyota); Negligent Misrepresentation (KDW); Negligent Misrepresentation (Toyota); Violation of Business and Professions Code §17200 (KDW); Violation of Business and Professions

  • Hearing

    Jul 08, 2020

HUMBERTO SALAZAR, JR., ET AL. VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

., Marilu Salazar, and Mumberto Salazar (“Plaintiffs”) filed the instant lemon law action against Defendants FCA US LLC and JRDTSP LLC (“Defendants”). The Complaint arises out Plaintiffs’ purchase of a certain 2017 Dodge RAM 1500, VIN #3C6JR6AT7HG604780 (the “vehicle”) on May 21, 2017. Plaintiffs allege that the vehicle contained or developed various defect related to the electrical architecture.

  • Hearing

    Jul 08, 2020

  • Type

    Contract

  • Sub Type

    Breach

NATHAN MADANI VS O'GARA COACH COMPANY LLC, A LIMITED LIABILITY COMPANY, ET AL.

(5) Breach of Express Warranty; Violation of Song-Beverly Consumer Warranty Act Defendant O’Gara demurs to the Seventh Cause of Action for Breach of Express Warranty, and Eighth Cause of Action for Violation of the Song-Beverly Consumer Warranty Act (“Song-Beverly Act”), on grounds each cause of action fails to allege sufficient facts to constitute a cause of action under Code of Civil Procedure, Section 430.10, subdivision (e).

  • Hearing

    Jul 07, 2020

  • Type

    Contract

  • Sub Type

    Breach

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