Lemon Law for California

Build Dates : July 01, 2004 - March 31, 2008

NHTSA CAMPAIGN ID Number : 08V303000

Date Owner’s Notified: 2008-08-30
Date Received by ODI: 2008-07-07
Date Added to Database: 2008-07-09

Manufacturers Involved: MERCEDES-BENZ USA, LLC.
Manufacturer’s Responsible for the Recall: MERCEDES-BENZ USA, LLC.
Manufacturer Campaign Number: 2008 070001

Component: ELECTRICAL SYSTEM
Potential Number Of Units Affected : 404

Summary:
Mercedes-Benz is recalling My 2006-2008 M-Class, R-Class, My 2005-2009 SLK-Class, My 2005-2008 C-Class, My 2003-2004 and 2006-2008 CLK-Class, My 2003-2008 E-Class, My 2004 and 2008 Cl-Class, My 2008 CLS-Class, My 2004 and 2007-2008 S-Class, My 2003 G-Class, and My 2003-2004, 2006 and 2009 SL-Class vehicles. A Software Calibration Number (SCN) coding received on the affected vehicles during a recent workshop visit was incorrect. Depending on the model year and model affected, the results of an incorrect SCN coding can affect a number of vehicle safety and emission functions including the following types of functions: (1) the fuel gauge readings may be incorrect; (2) a stuck fuel-level sensor may not be displayed in the instrument cluster; (3) the OBD system may cause the check engine light to illuminate incorrectly; and, (4) the speedometer may be out of tolerance.

Consequence:
In the event of a vehicle crash, the electrical fuel pump may not receive a crash signal that is required for the fuel pump to disconnect and prevent future fuel delivery as designed.

Remedy:
Dealers will recode the SCN free of charge. The recall began on August 30, 2008.

Many people faced with lemon law case want to know how a lemon law claim would proceed. Though each case is different and the results are different depending upon the facts, there are some basic steps of the process outlined below.

1. You call a law firm practicing in the area of lemon law and the attorney takes all the information concerning your potential case, OR you complete a Free Lemon Law Case Review or Contact form available at the website of the law firm you choose, and/or fax your repair receipts for review.
2. The lemon law attorney reviews provided information and if it is determined that you have a potential lemon law claim, the law firm calls you to go over the information.
3. Then you’ll be asked to fax or e-mail the copies of all your repair orders and the purchase contract if you have not already done so.
4. As soon as all your paperwork is reviewed by the attorney the law firm lets you know whether it can accept your claim and what a reasonable outcome to your case could be.
5. Then the defendant (the manufacturer or dealer in most cases) is given a notice (by an informal letter) of your lemon law claim trying to resolve the matter without the need for court intervention. This method is referred to as informal dispute resolution.
6. If a settlement offer is made the law firm contacts you to discuss your options and counsel you on whether to accept or reject.
7. If no settlement is reached, the law firm should file suit in the court which serves your specific case needs best.
8. After filing suit, the law firm begins the process of discovery and disclosure providing the manufacturer the proof of its lemon law violations, and asks for detailed information from them in return. By this step all the facts are being thoroughly researched to find out the obvious and hidden clues of your case in depth.
9. If after all the above a resolution cannot be reached, the law firm proceeds to trial and the outcome usually favors the plaintiff.

Build Dates : January 01, 2006 – May 04, 2009

NHTSA CAMPAIGN ID Number : 09V223000

Date Owner’s Notified: 0000-00-00
Date Received by ODI: 2009-06-15
Date Added to Database: 2009-06-15

Manufacturers Involved: TOYOTA MOTOR CORPORATION
Manufacturer’s Responsible for the Recall: TOYOTA MOTOR NORTH AMERICA, INC.
Manufacturer Campaign Number:

Component: EQUIPMENT: OTHER:LABELS
Potential Number Of Units Affected : 27080

Summary:
Toyota is recalling 27,080 model year 2009 and 2010 passenger cars built from June 2, 2008 to May 4, 2009. These vehicles were not equipped with load carrying capacity modification labels which fails to conform with the requirements of Federal Motor Vehicle Safety Standard No. 110, “Tire Selection and Rims.”

Consequence:
Incorrect load carrying capacity modification labels could result in the vehicle being overloaded, increasing the risk of a crash.

Remedy:
Toyota will notify owners and provide them with a new, accurate label to be installed over the inaccurate label free of charge. The safety recall is expected to begin on or about August 31, 2009.

A person who qualifies as a grieved party under the CA lemon law is entitled to a compensation by the manufacturer or dealer. There are many essential details to be considered if the plaintiff desires a verdict that is favorable.

The first step in recovering the losses is arbitration. Vehicle manufacturers are bound by law to assign a company called BBB (”the better business bureau”) auto line arbitration, for judging the validity and the outcome of a claim. An arbitrator assigned by the BBB listens to the claims of the aggrieved party and judges the outcome of a case. Then the arbitrator listens to the respondent’s (manufacturer) side of the story and decides whether the car owner is really entitled to the claim. If the arbitrator makes a decision in favor of the car owner, then the owner immediately becomes entitled to a refund.

The courtroom trial is the next step and the outcome usually favors the plaintiff.  The chances of receiving a refund are great if the damage is irreparable. The car owner’s compensation is usually equal to the original cost of the vehicle. The other types of refund include the fees of the attorney and a refund for the financial loss caused by the damages. In many cases punitive damages have been also awarded to the owner, amounting to twice the financial loss from vehicle repairs.

CA lemon law case outcome generally favors the plaintiff and there should be no hesitation about fighting a case in court, if the damages are inherent and irreparable.

Build Dates : October 23, 2007 - November 24, 2007

NHTSA CAMPAIGN ID Number : 08V521000

Date Owner’s Notified: 2008-11-04
Date Received by ODI: 2008-10-07
Date Added to Database: 2008-10-07

Manufacturers Involved: NISSAN NORTH AMERICA, INC.
Manufacturer’s Responsible for the Recall: HYUNDAI CARIBBEAN-PUERTO RICO
Manufacturer Campaign Number:

Component: AIR BAGS
Potential Number Of Units Affected : 204361

Summary:

Nissan is recalling 204,361 My 2007-2008 Altima, Altima Hybrid, 350Z, 350Z Roadster, My 2008 Altima Coupe, Rogue, My 2009 Murano, and Infiniti My 2007-2008 G35 Sedan, My 2008 G37 Coupe and EX35 passenger vehicles equipped with continental automotive systems’ Occupant Classification System (OCS) Control Units. A varistor in the OCS Control Unit located in the passenger seat cushion may have been manufactured out of specification. Under certain conditions, this could cause an interruption of signal between the OCS and the Air Bag Control Unit (ACU).

Consequence:

This could result in the passenger air bag being suppressed which could fail to provide adequate protection in the event of a crash.

Remedy:

Dealers will test the signal between the OCS and ACU systems using a special tool to check that it is functioning as designed. If necessary, the seat cushion (containing OCS hardware) will be replaced with a new one manufactured to specification. The recall began on November 4, 2008.

California used car lemon laws only cover secondhand cars that were bought for personal, family or household uses and not for commercial purposes. Another important issue is that the purchased car must have a written warranty to be qualified under the California lemon law. One can get a refund or satisfactory repair of the car only if it is qualified under the California lemon law.

Everyone should be extremely careful while buying a used car. All the defects of the car should be revealed by a certified mechanic at the time of purchase. If the car is bought without a warranty covering these defects, the buyer will face an awfully difficult time making a case under the California used car lemon law.

Used car CA lemon law also applies to leased cars if they have been leased under warranty. Such a warranty is not invalid if the car has a run of over 18,000 miles or 18 month since the date of purchase.

A leased or purchased vehicle can qualify under the used car CA lemon law even after the warranty period if the first repair attempt has taken place within the specified warranty period.

Secondhand cars are not the only vehicles covered by used car CA lemon law. It applies equally to RVs (recreational vehicles), all kinds of motor homes, motorcycles, boats and other vehicles.

Build Dates : November 05, 2007 - June 28, 2008

NHTSA CAMPAIGN ID Number : 08V429000

Date Owner’s Notified: 2008-09-15
Date Received by ODI: 2008-08-25
Date Added to Database: 2008-08-25

Manufacturers Involved: HYUNDAI MOTOR COMPANY
Manufacturer’s Responsible for the Recall: HYUNDAI CARIBBEAN-PUERTO RICO
Manufacturer Campaign Number:

Component: FUEL SYSTEM, GASOLINE:DELIVERY:FUEL PUMP
Potential Number Of Units Affected : 65000

Summary:

Hyundai is recalling 65,000 my 2008 Elantra vehicles with 2.0 liter beta engines. The fuel pump motor may not have the proper uniform internal electrical surface contact. This may cause the fuel pump to produce less pumping pressure than required to supply the fuel injection system.

Consequence:

Poor engine starting and hesitation may result. Other engine performance issues may also result increasing the risk of a crash.

Remedy:

Dealers will replace the fuel pump subassembly free of charge. The recall began on september 15, 2008.

Los Angeles has lemon law lawyers to offer you in case your vehicle appeared to be a “lemon”. It is highly advised that you speak to an attorney that knows everything about the lemon law.

Lemon laws are created to act as a provision, and offer protection to the consumer when they have a problem like a defective automobile. Things get interesting in case you have a vehicle that has serious defects, like brake failure for example. It is very  important that you fix a problem like this correctly, in a timely fashion. If you have taken your car in for a repair, over and over and over again and nothing is getting fixed, you just might need to bring this to the attention of a lemon law lawyer.

The CA state has a lemon law in place that is written with specific guidelines. In order to suit your single situation the guidelines in the provision, it is imperative that you keep proper notes, paperwork, and records. These are the things that you will need when you ultimately begin a case and bring this to the attention of a judge or arbitrator. Each state has different lemon law guidelines. You should find an attorney who knows the laws of your state. Just about every state has lemon law lawyers, so it is highly advised that they are the ones you speak to when dealing with a serious problem like a defective automobile.

Build Dates : September 01, 2005 - May 04, 2009

NHTSA CAMPAIGN ID Number : 09V223000

Date Owner’s Notified: 0000-00-00
Date Received by ODI: 2009-06-15
Date Added to Database: 2009-06-15

Manufacturers Involved: TOYOTA MOTOR CORPORATION
Manufacturer’s Responsible for the Recall: GULF STATES TOYOTA, INC.
Manufacturer Campaign Number:

Component: EQUIPMENT:OTHER:LABELS
Potential Number Of Units Affected : 27080

Summary:

Toyota is recalling 27,080 model year 2009 and 2010 passenger cars built from June 2, 2008 to May 4, 2009. These vehicles were not equipped with load carrying capacity modification labels which fails to conform with the requirements of federal motor vehicle safety standard no. 110, “tire selection and rims.”

Consequence:

Incorrect load carrying capacity modification labels could result in the vehicle being overloaded, increasing the risk of a crash.

Remedy:

Toyota will notify owners and provide them with a new, accurate label to be installed over the inaccurate label free of charge. The safety recall is expected to begin on or about August 31, 2009.

Lemon laws are made to help vehicle buyers whose cars fail to meet certain standards of quality and performance. The position of such cars is called lemons. This law protects every one of all states and they differ by state. Lemon law may not cover used or leased cars. The Lemon law rights may go beyond the warranties expressed in purchase contracts.

The CA federal lemon law states that the warranter may be obligated to pay attorney fees if he is involved in a lemon law suit.

In case someone bought a used vehicle, there are two situations where he is qualified for cash or other lemon law benefits:

Situation #1: One may be obliged to compensation for breach of warranty if he had one of the following Warranties:

a) Any manufacturer  warranty when you bought your vehicle (for example, almost all vehicles sold with less than 36,000 miles will have this).

b) The car was “Certified” by the Manufacturer (in which case it came with a short Manufacturer’s Warranty, typically 1 year).

c) He purchased an Extended Warranty (typically 5 years or longer).

These kinds of cases usually fall outside the the state lemon law but are covered under special federal lemon laws.

Situation #2: When No Manufacturer’s Warranty Exists. If he does not have a manufacturer’s warranty of any kind he may be entitled to compensation for violations of consumer protection laws that fall outside of the lemon laws.

As Lemon Laws differ by state, that is why accurate information on the scope and restrictions of Lemon Laws in a particular state can be obtained from an attorney practicing in that state.

If a person knowingly purchase a car in “as is” condition then he accepts the defects and void his rights under the lemon law.

Lemon laws are not limited to cars. There are RV lemon laws, boat lemon laws, motorcycle, wheelchair and computer lemon laws.