Lemon Law

Oct 25, 2022 Cynthia E. Tobisman, Joseph Bui Lemon Law

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”

Oct 25, 2022 Cynthia E. Tobisman, Alana H. Rotter Lemon Law

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

GMSR secures reinstatement of client’s fraudulent inducement claims

Oct 18, 2022 Cynthia E. Tobisman, Joseph Bui, Jeffrey Gurrola Lemon Law

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

Jul 22, 2022 Cynthia E. Tobisman, Joseph Bui Civil Procedure, Lemon Law

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

Jul 21, 2022 Cynthia E. Tobisman, Joseph Bui Lemon Law

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

The Ninth Circuit rules that GMSR’s clients did not abandon a favorable jury verdict merely by arguing that post-judgment proceedings were unnecessary

Jul 18, 2022 Cynthia E. Tobisman, Joseph Bui

Review Granted: The California Supreme Court Will Decide What Protections The Song-Beverly Act Affords To Buyers of Previously-Owned Cars Like GMSR’s Clients

Consumers purchased a two-year old car that—while still under warranty—had proven to be a lemon: The car’s engine didn’t work properly and the manufacturer couldn’t fix it. So, the consumers sued the manufacturer under the Song-Beverly Act for a refund or a replacement. Both the

Jul 13, 2022 Cynthia E. Tobisman, Joseph Bui, Alana H. Rotter Lemon Law

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

Mar 07, 2022 Cynthia E. Tobisman, Edward L. Xanders (Ted) Lemon Law

Berroteran v. Superior Court (2022) 12 Cal.5th 867

At GMSR’s urging, the Supreme Court eased the categorical ban on admission of former deposition testimony at trial

Feb 08, 2022 Cynthia E. Tobisman, Gary J. Wax Lemon Law, Punitive Damages, Tort Litigation

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

Court of Appeal affirms consumer’s victory against a car manufacturer for fraud and California Lemon Law violations

Feb 10, 2021 Cynthia E. Tobisman, Joseph Bui

Niedermeier v. FCA US LLC, S266034.

#21-50 Niedermeier v. FCA US LLC, S266034. (B293960; 56 Cal.App.5th 1052; Los Angeles County Superior Court; BC638010.) Petition for review after the Court of Appeal modified and affirmed the judgment in a civil action. This case presents the following issues: (1) Does the statutory restitution

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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.

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.

BUSINESSES

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Lemon Law

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