Song-Beverly Act
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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
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 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
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
Who We Serve
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.
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.
GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.
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.
GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.
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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