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.
Williams v. FCA US LLC, S279051.
#23-92 Williams v. FCA US LLC, S279051. (C091902; 88 Cal.App.5th 765; Butte County Superior Court; 17CV02617.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court ordered briefing deferred pending decision in Niedermeier v. FCA US LLC, S266034
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
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
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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.
Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.
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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