As a law firm that specializes in cases involving claims under the California Lemon Law, we understand that California drivers are often confused about how they can know whether they are driving a “Lemon”.
Under California law, if you have presented your vehicle to the manufacturer for more than one warranty repair, then your vehicle is afforded the protection of the Song-Beverly Consumer Warranty Act. The California Court of Appeals specifically articulated this proposition in 2003 through the case of Silvio v. Ford Motor Co. That said, just because you bring your vehicle in for repairs twice does not mean you automatically have a Lemon. Instead, it means that your case won’t get thrown out for failing to present it enough times.
Assuming you have presented your vehicle for multiple warranty repairs, you must then satisfy the basic elements of a Lemon Law claim, including that you have a “substantial impairment” of the, use, value, or safety of the vehicle that was not repaired after reasonable number of repair attempts. In the case of Schreidel vs. American Honda Motor Co., the Court specifically identified that it is the job of the “trier of fact”, whether that be the judge or jury, to determine whether there is substantial impairment.
Click here for details on the basic elements of the California Lemon Law.
What is the Lemon Law Presumption?
Additionally, under the Tanner Consumer Protection Act, California has also specially set out circumstances where there may be a “presumption” that a vehicle was presented for repair enough times under the Lemon Law. A presumption is basically a fact that must be assumed to be true. The Tanner Consumer Protection Act can be found in California Civil Code, Section 1793.22. It applies if, within 18 months of delivery or within the first 18,000 miles, one of the following three scenarios occurs:
- The manufacturer attempts repairs at least twice for a serious safety issue that could cause death or bodily injury and and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair of the nonconformity;
- The same nonconformity has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair of the nonconformity; or
- The vehicle is out of service as a result of the need for repairs or issues afflicting the vehicle for more than 30 days.
Falling under the presumption strengthens a plaintiff’s case by relieving the burden of having to prove that the manufacturer had a reasonable opportunity to repair a vehicle. Ultimately, there are many strategies to showing a judge or jury that a consumer has purchased a Lemon.
At MMO Law, we have substantial experience litigating and negotiating these types of lawsuits throughout Los Angeles, Orange County, San Bernardino County, Bakersfield and Kern County, Palm Springs and many other counties throughout California. Call today at (310) 933-4493 for a free consultation with a California Lemon Law Lawyer regarding your potential Lemon Law claim.
Disclaimer: The information contained herein is meant for general information and advertisement purposes only and is not intended to be construed as legal advice.