Lemon Law

Court of Appeal’s published opinion holds that California lemon law protects used car buyers with active new-car warranties

GMSR’s clients discovered that their used vehicle was defective, but the manufacturer refused to repair or replace it.  They sued the manufacturer under California’s lemon law, the Song-Beverly Consumer Warranty Act, which requires manufacturers to either replace defective cars or offer the consumer a refund. 

California Supreme Court: GMSR’s consumer client is entitled to full statutory restitution under California’s lemon law—without offset

GMSR client Lisa Niedermeier gave the manufacturer of her defective Jeep Wrangler more than a dozen chances to fix the vehicle before asking the manufacturer to buy it back under California’s Lemon Law, the Song-Beverly Act.  The manufacturer refused her buy-back request, willfully violating the

Niedermeier v. FCA US LLC (2024) 15 Cal.5th 792

California Supreme Court: GMSR’s consumer client is entitled to full statutory restitution under California’s lemon law—without offset

GMSR’s Cindy Tobisman appears in front of California Supreme Court

On December 5, GMSR’s co-managing partner, Cindy Tobisman, argued on behalf of car consumer, Lisa Niedermeier, at the California Supreme Court. GMSR’s client sued an auto manufacturer under California’s Lemon Law (the Song-Beverly Act) for failing to repair or replace her defective vehicle despite sixteen

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

Figueroa v. FCA USA, LLC, S277547.

#23-24 Figueroa v. FCA USA, LLC, S277547. (B306275, B308339; 84 Cal.App.5th 708; Ventura County Superior Court; 56-2018-00507038-CU-BC-VTA.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC,

Dhital v. Nissan North America, Inc., S277568.

#23-22 Dhital v. Nissan North America, Inc., S277568. (A162817; 84 Cal.App.5th 828; Alameda County Superior Court; RG19009260.) Petition for review after the Court of Appeal reversed judgment in a civil action. The court ordered briefing deferred pending decision in Rattagan v. Uber Technologies, S272113 (#22-29)

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

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.

Read More
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.

Read More
BUSINESSES

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

Read More
TRIAL COUNSEL

The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

Read More
INDIVIDUALS

GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

Read More
COMMUNITY PRO BONO

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.

Read More