Lemon Law for California

Build Dates : September 01, 2005 - September 07, 2005
NHTSA CAMPAIGN ID Number : 05V552000

Date Owner’s Notified: 20060331  
Date Received by ODI: 20051207  
Date Added to Databse: 20051207

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05109

Component: EQUIPMENT:OTHER:LABELS
Potential Number Of Units Affected : 32068

Summary:

Certain trucks and sport utility vehicles fail to conform to the requirements of federal motor vehicle safety standard no. 110, “tire selection and rims.ї these vehicles were shipped with tire and loading information labels listing an inacccurate vehicle capacity weight.

Consequence:

A misprinted label could lead to improper vehicle loading specifications or tire inflation which could result in a tire failure, increasing the risk of a crash.

Remedy:

Owners will be provided with corrected labels and installation instructions. At the customerїs option, a dealer can install the label for them. The recall began on march 31, 2006.    
Report Initiator: MFR  

Build Dates : February 01, 2005 - March 31, 2005
NHTSA CAMPAIGN ID Number : 05V287000

Date Owner’s Notified: 20051114  
Date Received by ODI: 20050620  
Date Added to Databse: 20050620

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05059

Component: PARKING BRAKE
Potential Number Of Units Affected : 14600

Summary:
Certain sport utility vehicles fail to conform to the requirements of federal motor vehicle safety standard no. 135, ‘passenger car brake systems.’ to meet the standard, the vehicle must not move for five minutes when stopped on a steep hill with the parking brake applied and the vehicle in neutral (n). Some of these vehicles failed this test.

Consequence:
When the parking brake is released, the driver may notice unintended braking when accelerating, decelerating, or coasting, and a noise coming from the rear of the vehicle. Unintended vehicle movement could occur increasing the risk of a crash.

Remedy:
Dealers will inspect for parking brake lever slippage at each rear brake caliper and replace the caliper if lever slippage is identified. The recall began on november 14, 2005.  

Report Initiator: MFR  

The presumption is neither a prerequisite nor a requirement. Many situations which do not meet the “lemon law” presumption, but which may still entitle you to “lemon law” protection. So long as the defect affects safety, value, or use, and occurred within the warranty period, and cannot be repaired after a reasonable number of repair attempts, the vehicle is entitled to these legal protections. Our attorneys will be glad to review your situation to see whether it is covered.

A legal device, the California “lemon law” presumption, is only meaningful if negotiations with the manufacturer fail, and you must resort to litigation. The consumer/plaintiff can establish at trial that she or he has met the plaintiff’s normal burden of proof that the vehicle is a lemon and shifts the legal burden to the manufacturer to prove otherwise. That’s all it does. It is not a prerequisite to filing a lemon law claim!

The presumption states that if you have 1. leased  or purchased a new truck, car, motorcycle, motorhome, or boat, for 2. personal or small business use, and 3. if during the first 18,000 miles or 18 months you brought the vehicle to a dealer for repair of the same or similar problem four or more times, or only two or more times if the manufacturing defect results in a condition that is likely to cause death or serious bodily injury, or if it was out of service for a total of more than 30 days within that time, and 4. if the problem is still not fixed, then 5. the legal presumption is established.

Build Dates : June 01, 2004 - May 31, 2005  
NHTSA CAMPAIGN ID Number : 06V417000

Date Owner’s Notified: 20061106  
Date Received by ODI: 20061031  
Date Added to Databse: 20061101

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 06102

Component: AIR BAGS:FRONTAL
Potential Number Of Units Affected : 794

Summary:

Certain vehicles originally built with cloth seats that were equipped with an automatic air bag passenger sensing system and later reupholstered with aftermarket leather seat cover kits are involved. Testing has indicated that the aftermarket leather seat covers can cause the passenger sensing system to malfunction.

Consequence:

If the passenger sensing system malfunctions, the front air bag on the passenger side may be disabled when it should be enabled, or enabled when it should be disabled. In either case, in the event of a crash that requires air bag deployment, a front passenger’s level of injury may be increased.

Remedy:

Because a replacement leather seat cover that is compatible with the passenger sensing system is not available, General Motors (GM) will repurchase these vehicles in accordance with the terms stated in GMїS letter to owners. The recall began on November 6, 2006.

Build Dates : July 01, 2005 - August 31, 2005  
NHTSA CAMPAIGN ID Number : 05V455000

Date Owner’s Notified: 20051014  
Date Received by ODI: 20051005  
Date Added to Databse: 20051006

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05086

Component: STEERING:HYDRAULIC POWER ASSIST:HOSE, PIPING, AND CONNECTIONS
Potential Number Of Units Affected : 123592

Summary:
Certain passenger vehicles may have been built with a power steering hose that is not to specification. Under extreme steering maneuvers, such as turning the steering wheel fully to the left or right while braking, the hose may fracture and leak fluid.

Consequence:
If this were to occur, power steering assist would be lost and increased steering effort would be required. On vehicles equipped with hydro-boost power brakes, it could also result in loss of power brake assist and increased braking effort would be required. If the power steering fluid spray were to spray onto hot engine parts, an engine compartment fire could occur.

Remedy:
Dealers will inspect the power steering hose(s) for two suspect date codes and replace them if required. The recall will begin on october 14, 2005. 

A demonstrator is considered a “new” vehicle and is covered. Any used vehicle, which is sold with an unused portion of the manufacturer’s new car warranty may also qualify the used vehicle to be covered.

As long as your vehicle has a manufacturing defect affecting safety, value, or use, and it cannot be repaired after a reasonable number of attempts by the manufacturer’s or dealer’s service personnel, and the original repair occurred within the warranty period, then the vehicle is likely entitled to these legal protections.

Build Dates : September 01, 2005 - September 07, 2005
NHTSA CAMPAIGN ID Number : 05V552000

Date Owner’s Notified: 20060331  
Date Received by ODI: 20051207  
Date Added to Databse: 20051207

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05109

Component: EQUIPMENT:OTHER:LABELS
Potential Number Of Units Affected : 32068

Summary:

Certain trucks and sport utility vehicles fail to conform to the requirements of federal motor vehicle safety standard no. 110, “tire selection and rims.ї these vehicles were shipped with tire and loading information labels listing an inacccurate vehicle capacity weight.

Consequence: 

A misprinted label could lead to improper vehicle loading specifications or tire inflation which could result in a tire failure, increasing the risk of a crash.

Remedy:

Owners will be provided with corrected labels and installation instructions. At the customerїs option, a dealer can install the label for them. The recall began on march 31, 2006. 

Report Initiator: MFR  

Build Dates : November 03, 2004 - December 07, 2004
NHTSA CAMPAIGN ID Number : 05V035000

Date Owner’s Notified: 20050310  
Date Received by ODI: 20050203  
Date Added to Databse: 20050203

Manufacturer’s Involved: GENERAL MOTORS CORP.
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP.
Manufacturer Campaign Number: 05002

Component: VISIBILITY:WINDSHIELD
Potential Number Of Units Affected : 17815

Summary:
Certain sport utility vehicles fail to comply with the requirements of federal motor vehicle safety standard no. 212, ‘windshield mounting.’ the windshield urethane bead may not have adhered to the body in certain areas during the cure process.

Consequence:
If a crash occurs, the windshield may not be retained, increasing the risk of injury to a vehicle occupant.

Remedy:
Dealers will replace the windshield free of charge. The recall began on march 10, 2005. 

Report Initiator: MFR