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California Lemon Law Mileage Offset Calculation
The California Lemon Law mileage offset is the statutory reduction applied to a buyback under Civil Code § 1793.2(d)(2)(C). The formula is fixed by statute: (actual purchase price × miles driven before the first repair attempt) ÷ 120,000. The denominator of 120,000...
California Lemon Law Civil Penalty (§ 1794(c))
The California lemon law civil penalty under Civil Code § 1794(c) is an additional award of up to two times the consumer's actual damages when a manufacturer's failure to comply with the Song-Beverly Consumer Warranty Act is willful. Stacked on top of a buyback or...
California Lemon Law Cash-and-Keep Settlement
A cash-and-keep settlement is a negotiated lump-sum payment from the manufacturer to the consumer, in exchange for which the consumer agrees to retain the defective vehicle and release the warranty claim. It is the third primary remedy available in California Lemon...
California Lemon Law Buyback
A California lemon law buyback — also called a repurchase — is the consumer's primary remedy under Song-Beverly Civil Code § 1793.2(d)(2)(B). The manufacturer refunds the consumer's actual purchase price (or lease payments and down payment), sales tax, registration...
Attorney Fee Shifting Under California Lemon Law (§ 1794(d))
Attorney fee shifting under California Civil Code § 1794(d) requires the vehicle manufacturer to pay the prevailing consumer's reasonable attorney's fees and costs. The provision is one-way — the consumer never pays the manufacturer's fees if the consumer loses — and...
Transmission Defects Under California Lemon Law
Transmission defects are the second-most common qualifying defect category in California Lemon Law claims after engine defects. Under the Song-Beverly Consumer Warranty Act, transmission defects qualify when they substantially impair use, value, or safety and cannot...