Q: if i bought a used commercial truck and i had a contract but it was always in the shop could it be considered a lemon

A: Maybe?

The CA LL covers consumers and small businesses IF the small biz falls into a certain category,

as does the vehicle. Here, it's not clear the vehicle would qualify OR that the number of vehicles would?

The FED lemon law makes NO distinction between consumers and businesses, but, the vehicle must be something that "could" be used for consumer purposes. Ultimately, since LL is Warranty Law, if you can prove a breach of warranty, you can bring a claim but not necessarily under THE LL instead, under the CA commercial code. Good luck with it.

A: In California, the lemon law primarily applies to passenger vehicles, but there are provisions that can apply to commercial vehicles, including used commercial trucks, under certain circumstances. For a used commercial truck to be considered a lemon, it must have been purchased with a warranty, and the defects encountered must be significant enough to impair its use, value, or safety. These defects must have occurred during the warranty period and despite reasonable attempts to repair them.

For your 2019 truck, if it was under warranty when you purchased it and you've had continuous issues that have significantly impacted its use for work, you might have grounds for a claim under California's lemon law. The key factors would include the warranty coverage at the time of purchase, the nature of the repairs, and the number of attempts made to fix the issues.

To pursue a lemon law claim, it's advisable to gather all relevant documentation, including the purchase contract, warranty information, repair orders, and records of communication with the seller or manufacturer. Consulting with an attorney experienced in lemon law and consumer protection can provide you with a clear understanding of your rights and the feasibility of your claim. They can also guide you through the process of potentially seeking a refund or replacement for your truck.