Lemon Law

The Song-Beverly Consumer Warranty Act, California’s lemon law, provides enhanced remedies for consumers of defective vehicles that manufacturers cannot fix and refuse to buy back.  GMSR is one of the premier law firms representing consumers in this highly specialized area of law and has secured novel rulings in state and federal appellate courts, including the California Supreme Court.  For this reason, attorneys representing consumers in lemon law cases often team with GMSR to take on car manufacturers that avoid their buy-back obligations.

GMSR secures reinstatement of client’s fraudulent inducement claims

Owners of a Nissan Sentra sued Nissan, alleging that Nissan fraudulently induced them to buy their car by concealing the fact that the transmissions in the Sentras were defective.  The trial court sustained Nissan’s demurrer based on the “economic loss rule,” which bars certain tort

GMSR secures split in authority before the California Supreme Court weighs in: Court of Appeal agrees with GMSR that manufacturers are not entitled to offsets for a car consumer’s resale of a “lemon”

The Song-Beverly Act requires car manufacturers to promptly buy back defective cars without the consumer having to sue.  Consumer advocates have long argued that manufacturers may not offset damages for amounts that plaintiffs are credited when they sell or trade in a defective car under

GMSR to California Supreme Court: The Song-Beverly Act’s Express Warranty Protections Apply To Used Cars Sold With Active Manufacturer Warranties

Earlier this year, GMSR convinced the Supreme Court to grant review of Rodriguez v. FCA US LLC’s novel holding that the Song-Beverly Act’s express warranty protections don’t apply to consumers who purchase or lease used cars with active manufacturer warranties.  The grant of review strips

Judgment Reversed: The Ninth Circuit Rules That GMSR’s Clients Did Not Abandon A Favorable Jury Verdict Merely By Arguing That Post-Judgment Proceedings Were Unnecessary

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double

Quintero v. Ford Motor Company (9th Cir. July 21, 2022, No. 20-55883) 2022 WL 2869771

GMSR’s clients, two retirees who unwittingly leased a defective car, secured favorable jury verdicts on two claims under the Song-Beverly Consumer Warranty Act: one for breach of express warranty and another for breach of implied warranty.  Recognizing that they were not entitled to a double

Rodriguez v. FCA US, LLC, S274625.

#22-187 Rodriguez v. FCA US, LLC, S274625. (E073766; 77 Cal.App.5th 209; Riverside County Superior Court; RIC1807727.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issue: Is a used vehicle that is still covered

Court of Appeal Affirms Consumer’s Victory Against A Car Manufacturer For Fraud And California Lemon Law Violations

Ford advertised its Super Duty F-250 truck as the heavyweight champion of its class, with unprecedented hauling and towing capacities.  Plaintiff saw those ads, and decided to buy one because he was planning to tow heavy loads into the mountains for extended camping trips.  But

Anderson v. Ford Motor Company (2022) 74 Cal.App.5th 946

Ford advertised its Super Duty F-250 truck as the heavyweight champion of its class, with unprecedented hauling and towing capacities.  Plaintiff saw those ads, and decided to buy one because he was planning to tow heavy loads into the mountains for extended camping trips.  But

Court of Appeal grants petition for writ of mandate, vacating exclusion of key deposition evidence

In a published decision that disagrees with a sister court decision, Wahlgren v. Coleco Industries, Inv. (1984) 151 Cal.App.3d 543 (Wahlgren), the Court of Appeal granted GMSR’s petition for writ of mandate and directed the trial court to vacate in limine orders that had excluded

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PUBLIC ENTITIES

Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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INSURERS

Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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BUSINESSES

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As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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