Los Angeles Lemon Law Attorney | American Lemon Law Group™

California’s Lemon Law provides crucial protection for consumers who purchase or lease defective vehicles. Officially known as the Song-Beverly Consumer Warranty Act, this law ensures that manufacturers are held accountable for selling vehicles that fail to meet reasonable quality standards.

For residents of Los Angeles, navigating the complexities of this law can be particularly challenging, given the city’s unique automotive landscape and consumer market.

Facing a potential lemon can be stressful and financially draining. That’s where a knowledgeable Los Angeles Lemon Law attorney can make all the difference. With extensive experience and legal knowledge of California’s Lemon Law, our law firm can guide you through the process, protect your rights, and help you pursue the compensation you deserve.

Don’t let the downside of a lemon get in the way of your driving experience.

Contact a Los Angeles Lemon Law attorney today for a free consultation and learn how we can help: (877) 215-5125.

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Legal Definitions and Scope of Lemon Law Under California Jurisdiction

California’s Lemon Law, codified in the Song-Beverly Consumer Warranty Act, aims to protect consumers from the burdens of purchasing or leasing defective vehicles. The law defines a “lemon” as a new or used vehicle that suffers from a substantial defect covered by the manufacturer’s warranty, which significantly impairs the vehicle’s use, value, or safety, and which the manufacturer or its authorized dealer cannot repair after a reasonable number of attempts.

Key Legal Terms:

Defect: A problem or malfunction that affects the vehicle’s use, value, or safety.
Warranty: A written guarantee provided by the manufacturer, promising to repair or replace defective parts within a specified period.
Repair: Attempts by the manufacturer or dealer to fix the defect.
Presumption: Under California law, a vehicle is presumed to be a lemon if the manufacturer cannot repair the same defect after a reasonable number of attempts (typically two or more) or if the vehicle has been out of service for repairs for a cumulative total of 30 days or more within the first 18 months or 18,000 miles, whichever comes first (California Civil Code § 1793.22(b)).

Scope of the Lemon Law in Los Angeles

While California’s Lemon Law applies statewide, Los Angeles is notoriously known as a car-dependent city with a documented 93% of traveled miles done by vehicles. This combined with the steady affluence of car culture, the sheer volume of vehicles sold in the Los Angeles market creates a higher likelihood of encountering lemons.

A Full Refund for your Vehicle

Replacement of your vehicle

A cash settlement

Pre-litigation Requirements and Manufacturer's Right to Repair

Before pursuing legal action, California’s Lemon Law requires consumers to take specific steps:

Provide Notice to the Manufacturer: You must notify the manufacturer (not just the dealership) of the defect in writing. This notice should include a detailed description of the problem, the repair attempts made, and a clear demand for a refund or replacement (California Civil Code § 1793.2(d)).
Maintain Communication Records: Keep detailed records of all communication with the manufacturer and dealership, including dates, times, and the names of individuals involved.
Opportunity to Repair: You must allow the manufacturer a reasonable opportunity to repair the vehicle. The manufacturer may require you to take the vehicle to a designated repair facility.

Effective pre-litigation communication is essential for building a strong case. However, considering where to start when lacking proper resources and legal knowledge may seem like an insurmountable feat. It is during this process that you should consider representation from American Lemon Law Group. Give us a call today: (877) 215-5125.

Manufacturer's Right to Repair

Under California law, the manufacturer has the right to attempt to repair the vehicle before you can pursue a lemon law claim.

Reasonable Number of Attempts: The manufacturer is generally entitled to a reasonable number of repair attempts, which varies depending on the severity of the defect.
Documentation is Crucial: You must keep detailed records of all repair attempts, including repair orders, invoices, and any communication with the dealership or manufacturer.
Repair Delays: If the manufacturer is unable to repair the vehicle within a reasonable time frame, you may be eligible to pursue a lemon law claim.

Warranty Requirements and Types

Comprehensive Warranty Coverage

Understanding your warranty coverage is crucial for pursuing a lemon law claim.

Express Warranties: These are written guarantees provided by the manufacturer, outlining specific terms and conditions of coverage.
Implied Warranties: These are unwritten guarantees implied by law, ensuring that the vehicle is fit for its intended purpose and free from major defects (California Civil Code § 1791.1).

New and Used Vehicle Coverage Specifics

California’s Lemon Law applies to both new and used vehicles, but there are some key differences:

New Vehicles: These are typically covered by the manufacturer’s original warranty.
Used Vehicles: California’s Lemon Law, recently saw a significant shift due to the Supreme Court ruling in Rodriguez v. FCA US, LLC. This decision directly impacts how the law applies to used cars, even when part of the original manufacturer’s warranty remains intact. The court clarified that vehicles with an unexpired balance of the original manufacturer’s warranty do not meet the legal definition of a “new motor vehicle” under the Lemon Law. As a result, the lemon law no longer extends to used cars in these circumstances.
Certified Pre-Owned Vehicles: The Supreme Court did however rule that used Certified Pre-Owned vehicles still were covered under the California Lemon Law because at the time of sale the manufacturer is issuing a NEW warranty along with the car.

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Consumer Rights and Protections

If your vehicle qualifies as a lemon under California law, you have the right to:

Refund: Receive a full refund of the purchase price, minus a reasonable deduction for your use of the vehicle.
Replacement: Obtain a comparable replacement vehicle.

Qualification Criteria for Lemon Law Claims

To qualify for a lemon law claim, your vehicle must meet specific criteria:

Covered Under Warranty: The defect must be covered under the manufacturer’s warranty at the time it occurred.
Reasonable Number of Repair Attempts: The manufacturer must have had a reasonable opportunity to repair the defect, typically two or more attempts for the same safety issue, four or more attempts for the same non-safety issue, or the vehicle is out of service for repairs for 30 days or more.
Substantial Defect: The defect must significantly impair the use, value, or safety of the vehicle.
Presumption: If the above happens within the first 18 months or 18,000 miles, whichever comes first, then the law automatically gives you a presumption, meaning your car is legally considered a lemon and it is the manufacturers duty to prove otherwise.

Lemon Law Legal Procedures and Remedies in the Los Angeles Area

Navigating the legal process for a lemon law claim can be complex. Here’s a general overview:

Consultation with an Attorney: Consult with an experienced Los Angeles Lemon Law attorney to discuss your case and determine the best course of action.
Pre-Litigation Notice: Send a detailed demand letter to the manufacturer, giving them a final opportunity to resolve the issue.
Filing a Complaint: If necessary, your attorney will file a complaint with the appropriate court.
Discovery: Both parties will exchange information and evidence relevant to the case.
Settlement Negotiations: Attempts will be made to reach a settlement agreement.
Trial: If a settlement cannot be reached, your appointed lemon law lawyer in Los Angeles may proceed to take your case to trial.

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Arbitration Process and Consumer Rights

Arbitration is an alternative dispute resolution process that can be faster and less expensive than traditional litigation.

California Lemon Law Arbitration Program: Most manufacturers have their own arbitration programs certified by the California Department of Consumer Affairs. You may be required to first use the manufacturer’s arbitration program before filing a lawsuit.
Binding vs. Non-Binding: Arbitration can be either binding, meaning the arbitrator’s decision is final, or non-binding, allowing parties to reject the decision and proceed to court.
Consumer Rights: Consumers have specific rights during arbitration, including the right to be represented by an attorney.

Alternative Dispute Resolution Options

Mediation and Informal Settlement Procedures

Mediation is a voluntary process where a neutral third party facilitates communication and negotiation between the parties.

Benefits: Mediation can be a less adversarial and more efficient way to resolve disputes.
Limitations: Mediation is not always successful, and the outcome depends on the willingness of both parties to compromise.

Mediation and Informal Settlement Procedures

Manufacturers have a legal obligation to comply with California’s Lemon Law. Common defenses they may raise include:

Owner Abuse: The manufacturer may argue that the defect was caused by the owner’s misuse or neglect of the vehicle.
Modification: They may claim that aftermarket modifications or alterations to the vehicle voided the warranty.
Statute of Limitations: The manufacturer may argue that the claim was not filed within the statute of limitations, which is typically one year after the warranty expires.

Kyle R. Tracy
Partner, Senior Trial Attorney

Caitlin J. Scott
Senior Litigation Attorney

Documentation Requirements

Thorough documentation is essential for building a strong lemon law claim. Keep records of:

Repair Orders: Obtain copies of all repair orders, including dates, mileage, and descriptions of the work performed.
Communication Logs: Maintain a log of all communication with the manufacturer and dealership, including phone calls, emails, and letters.
Repair History: Keep records of any previous repairs or maintenance performed on the vehicle.

Important Deadlines and Limitations for Lemon Car Claims

California’s Lemon Law has strict deadlines for filing claims.

Statutory Deadlines: The statute of limitations for filing a lemon law claim in California is now one year from the expiration of your warranty.
Notice Requirements: You must provide written notice to the manufacturer within a reasonable time after discovering the defect.

Limitations and Exceptions

There are some exceptions and limitations to California’s Lemon Law:

Extended Warranties: The law may not apply to defects covered by an extended warranty that was purchased at the time of sale.
Leased Vehicles: Leased vehicles have specific provisions under the law.
Commercial Vehicles: Vehicles used primarily for business purposes may have different requirements.

Your time to file a lemon law claim is limited.

Consider Appointing a Los Angeles Lemon Law Lawyer Today!

Understanding your rights and options under California’s Lemon Law is crucial for protecting yourself from the financial and emotional burdens of a defective vehicle. If you believe you have purchased or leased a lemon in the Los Angeles area, contact the experienced team at American Lemon Law Group today.

We’ve recovered over $50 million for our clients and have a proven track record of success against major manufacturers.

Don’t hesitate to call for a free consultation. We handle all cases directly, with no referrals, and we’re dedicated to fighting for the rights of consumers like you.

Nick Movagar

Nick Movagar is a dedicated Lemon Law attorney with a proven record of winning cases against major defense firms. He fights tirelessly to protect consumers rights and isn t afraid to take cases to trial.

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