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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...
Steering and Suspension Defects Under California Lemon Law
Steering and suspension defects qualify under the California Lemon Law when they substantially impair use, value, or safety. Because steering and suspension directly affect vehicle control, qualifying defects often trigger the two-attempt safety presumption under...
Safety System Defects Under California Lemon Law
Safety system defects are the strongest category of California Lemon Law claims because they almost always trigger the two-attempt safety presumption under Civil Code § 1793.22. Qualifying defects include airbag malfunctions, advanced driver assistance system (ADAS)...