Lemon Law Victories

Lemon Law Settlements:

The Song-Beverly Consumer Warranty Act allows the confidentiality of the financial terms  of Lemon Law settlements. However, we can tell you that we have been successful in litigating claims against all auto manufacturers, including RV, boat and motorcycle manufacturers.  Our recent settlements have included repurchases of Touaregs with hesitation, pulsation and illuminated tire pressure warning lights, F-150s, F-250, and 350s with engine and brake defects, Armadas and Titan trucks with rapid brake wear, Mercedes-Benz SL500 with numerous complaints concerning the electrical and braking system and a number of stalling Ford Focuses. More recently, we successfully resolved several Fleetwood motor home cases with numerous manufacturing defects.

Recent Trial Victories:

Shirley Garcia v. Bunnin Resale Center, Inc. dba Cars 101

Verdict: 12-0 for Plaintiff under the Song-Beverly Consumer Warranty Act and the Consumers Legal Remedies Act. Jury awarded Plaintiff damages in the amount of $33,192.62. Court awarded attorney’s fees and costs in the amount of $74,130.67. Total judgment: $107,323.29.

Facts of the case:

Our client had purchased a 2003 PT Cruiser from car dealer Cars 101 for a total sale price of $32,221.44. After her purchase, she discovered the vehicle had been badly damaged. Defendant claimed that she had “bottomed out” the vehicle causing cosmetic damage to the undercarriage. Our client demanded that the dealership take back the vehicle and refund her money.  Cars 101 refused.

Our expert Timothy Saurwein, testified at trial that the vehicle had been in a major front end accident prior to her purchase severe enough to damage the frame of the automobile which compromised the safety and integrity of the vehicle. Mr. Saurwein determined that the previous collision damage had been to the front end, left side, undercarriage, left front frame rail. Numerous body and structural components had been replaced and/or repaired not in accordance to industry standards. Welds done to critical areas were not preformed properly as the welds did not penetrate the metal as required. Spot welds were drilled out and never re-welded. The upper and lower tie-bars were badly repaired and not properly welded together.

Published Opinions:

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Serving All of California

Terry L. Baker serves the California Central Coast areas of Santa Barbara, Ventura, San Luis Obispo, Monterey, and Santa Cruz along with all other areas of California including San Jose, the San Francisco Bay Area, Sacramento and the Central Valley. No matter where you are in California, give us a call or email.