Lemon Law
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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)
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
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.
Stiles v. Kia Motors America, Inc. (2024) 101 Cal.App.5th 913
Court of Appeal’s published opinion holds that California lemon law protects used car buyers with active new-car warranties
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,
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, 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
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
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