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.

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR’s clients leased a vehicle that proved to be a lemon and sued the manufacturer under California’s lemon law, the Song-Beverly Act.  The manufacturer sent the clients a Code of Civil Procedure section 998 settlement offer, and they accepted.  Under the settlement agreement, the manufacturer

Ivar v. Volkswagen Group of America, Inc. (Sept. 26, 2023, E078783) 2023 WL 6224689

Court of Appeal reverses order denying settlement enforcement and interprets settlement under CCP 998 in favor of GMSR’s clients

GMSR secures another Court of Appeal win holding that manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle

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

Williams v. FCA US LLC (2023) 88 Cal.App.5th 44

GMSR secures another Court of Appeal win holding that manufacturers cannot offset their Song-Beverly Act damages by amounts the plaintiff receives for trading in a “lemon” vehicle

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

Figueroa v. FCA US, LLC (2022) 84 Cal.App.5th 708

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”

Dhital v. Nissan North America, Inc. (2022) 84 Cal.App.5th 828

GMSR secures reinstatement of client’s fraudulent inducement claims

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

Riley v. Volkswagen Group of America, Inc. (9th Cir. 2022) 51 F.4th 896

“Reprehensible” diesel scam by car manufacturer merits damages boost, holds the 9th Circuit Court of Appeals

Who We Serve

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

GMSR represents insurers on appeal effectively and efficiently.  We also collaborate with our clients and trial counsel on strategy for coverage, contribution and bad faith litigation before appeals begin.

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BUSINESSES

GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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