Lemon Law & Dealer Fraud News

The recently published California Court of Appeal, Fourth Appellate District, Division Two opinion may make defense counsel cringe and give some car owners hope.  As for me, it just makes me feel giddy. In Martinez v. Kia Motors America, Inc. the Court overruled the lower court’s order granting

Defense counsel will see the recently published California Court of Appeal, Second Appellate District, Division Three opinion as a victory for manufacturers of fatally defective products, but the reality is that it is an example of an arbitrary limitation resulting in an inequitable result for a sister

No.  A “recall” almost always relates to a safety concern.  While manufacturers voluntarily issue TSBs, manufacturers are typically compelled to issue a recall by consumer protection agencies. For example, Recall 11V490000 pertains to fuel systems for Model Years 2010-2012 Audi A3 cars:  “Due to the resonance condition,

Many readers will recall an article that I recently wrote for Association of Business Trial Lawyers San Diego that discusses the California Supreme Court decision in O’Neil v. Crane Co., in which the court held that a product manufacturer may not be held liable in strict liability or

The growing ubiquity of hybrid and electric cars on our roadways is a boon to technology companies and a benefit to the environment, but as National Highway Traffic Safety Administration alerts, these cars create noise that is insufficient at low speeds to warn unsuspecting pedestrians, bicyclists and

As Sean Kane at Safety Research chronicles, following a nearly decade long discovery battle in which Goodyear and its counsel stonewalled plaintiffs’ counsel in a product liability case, the Chief Justice of the United States District Court for the District of Arizona, Roslyn O. Silver, issued a

It stands for Technical Service Bulletin.  A TSB is a manufacturer’s recommended procedure for repairing a problem that has affect many vehicles.  It indicates that it is a common problem regardless of lemon law in California. “TSB” is usually followed by a series of numbers.  For example,

It means that a jury can conclude that the consumer is entitled to a refund or replacement of the car and that it is up to the manufacturer to prove otherwise.  The California lemon law rule for determining whether the presumption applies is stated as follows:  If

In the context of car lemon law, it means that a manufacturer can pay less than what it would otherwise have to pay a consumer.  It is a deduction based on the consumer’s use of the vehicle.  We call this a “mileage offset.”   In the example below

What are some good tips? Document. Document. Document. Keep good written records. It is really important that you keep copies of every repair order that you have been provided. If the dealer does not provide you a copy of the repair order, then ask for one. Never