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California Lemon Law Questions & Answers
Q: Am in a middle of lawsuit for my lemon and the car got stolen a now in impound can my lawyer help me get my lemon law
Scott Richard Kaufman
answered on Sep 12, 2024
answered on Sep 12, 2024
THIS is a different question. There is a case, Martinez v. Kia from around 2010 that came out which your lawyer should know about if s/he is any good. In the case Ms. Martinez was so fed up over her lemon car she parked it outside of the dealership and threw the keys over a locked fence. Kia... View More 
Q: How long after a settlement should it take to receive the settlement agreement and release?
Scott Richard Kaufman
answered on Aug 31, 2024
answered on Aug 31, 2024
There is no rule anywhere about how long before a settlement agreement OR a release (often the same document as a settlement agreement and release) shows up for signing and in fact there is no rule requiring one, but, it's a whole lot better to have a written agreement in place for both sides.... View More
Q: my work van was issued a recall, and the dealership is refusing to to fix the problem for free
The dealership said that they wouldn’t fix the transmission recall because the problem was caused by a transmission flush I perform myself. They want to charge me $4000. The problem with my transmission started before I did the flush. That’s the reason I did the transmission flush was because I... View More
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James L. Arrasmith
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answered on Jun 27, 2024
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answered on Jun 27, 2024
To address this situation, let's break it down into key points:
1. Recalls and manufacturer obligations:
When a vehicle is subject to a recall, the manufacturer is generally required to repair the issue free of charge, regardless of the vehicle's age or maintenance... View More
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Q: I need to know how to bring my case before a judge passed the timeframe. I know you can car dealerships. I need this hel
STG auto Santa Ana dealership both used car dealers padded deals made fictitious addresses for charges. They had put on me almost $7000 of equipment. I never owned took money out of my account both of them STG auto padded the deal so badly and laughed in my face. It took me a long time to figure it... View More
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James L. Arrasmith
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answered on Mar 26, 2024
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answered on Mar 26, 2024
Under California law, if you believe you've been a victim of fraudulent activities, such as those you've described involving car dealerships, you have the right to seek legal action. However, if you've missed the statutory deadline to file a lawsuit, you may still have options.... View More
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
i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.
Scott Richard Kaufman
answered on Feb 20, 2024
answered on Feb 20, 2024
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... View More
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
i bought a used semitruck under a contract and its a 2019 truck, I was always having it in the shop because there were always problems with it. could this truck qualify as a lemon? i was using the truck for work.
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James L. Arrasmith
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answered on Feb 20, 2024
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answered on Feb 20, 2024
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... View More
Q: Was not informed about battery age when buying EV from dealership last May in CA, 7/12 bars now remain, no warranty or discussion on battery age.
I purchased an electric vehicle from a dealership last May, and was not informed about the battery age or condition. The vehicle has low mileage and currently shows seven out of twelve battery bars remaining. There was no warranty provided, and the dealership did not discuss the battery age except... View More
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James L. Arrasmith
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answered on Jul 1, 2025
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answered on Jul 1, 2025
You're not alone in this. Many buyers aren’t told key details about battery health when purchasing used electric vehicles. A drop to 7 out of 12 bars typically means the battery has lost significant capacity, which can drastically reduce range and resale value.
In California,... View More
Q: Seeking guidance on resolving vehicle warranty issues after multiple stalls and dealership denial of service.
I purchased a vehicle in January 2024, and it stalled a month later. I called the manufacturer's roadside service, but the vehicle did not start even after being jumped. It was towed to the dealership for service, where they informed me they couldn't do anything because the vehicle had to... View More
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James L. Arrasmith
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answered on Jun 24, 2025
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answered on Jun 24, 2025
You’ve been more than patient, and the dealership’s excuses are unacceptable. A vehicle that repeatedly stalls—especially this early in its life—indicates a defect that the manufacturer is obligated to fix under California’s Song-Beverly Consumer Warranty Act, also known as the Lemon Law.... View More
Q: Ford dealer neglected recall fix, car taken to junkyard, threats received, how to resolve?
I took my car to a Ford dealer in Los Angeles for a recall issue, but after 25 days, they neglected to fix it, leading to my car being taken to a junkyard. The dealer threatened me, insisting I never physically visited the dealership. Despite having emails and a recall letter documenting my... View More
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James L. Arrasmith
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answered on Jun 21, 2025
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answered on Jun 21, 2025
You've found yourself in an incredibly frustrating situation that involves multiple legal issues - from the dealer's failure to perform the recall repair to the unauthorized disposal of your vehicle. The threats you received add another concerning layer to this already complex problem.... View More
Q: What actions can I take against dealer due to ongoing car issues?
I purchased a certified 2020 Mazda CX-5 from Tricolor Auto in February, and the car has consistently had issues since. I've returned the car to their service department six times for various problems, including brakes, noises from the transmission, engine support noises, and calipers. They... View More
Scott Richard Kaufman
answered on May 20, 2025
answered on May 20, 2025
So depending on what your CPO guide says, in the OLD days, you MAY have had a lemon law claim in CA, maybe? Those days are now almost exclusively gone, due to RED folks in Sacto dressed up in BLUE. Regardless, they have failed to completely GUT consumer protections, to date. IF it is in fact a... View More
Q: Legal options for undisclosed aftermarket ECU tune in purchased used car
I purchased a used car from a dealership, and they didn't disclose that the car's ECU had an aftermarket tune. I discovered this aftermarket tune when I took the car to the dealership for service. The car still has the manufacturer's warranty up to 50,000 miles, and no guarantee was... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
You're absolutely right to feel uneasy about discovering a hidden modification after the sale. An aftermarket ECU tune is a significant change that can impact a vehicle’s performance, reliability, and even its warranty eligibility. If the dealership failed to disclose this before the... View More
Q: What legal actions can I take after buying a salvaged car without disclosure in CA?
I bought a car about a year ago from a dealership in Vallejo, California, and was not informed that it was salvaged. The dealership, Scooter King Of Cali Helmet And Accessories, refuses to acknowledge they failed to inform me and won't take my calls. I signed a contract at the time of... View More
Scott Richard Kaufman
answered on May 7, 2025
answered on May 7, 2025
Recently beat on a case "like" this in SF against "Mr. Scooter."
BUT, it was not a car place. Could be fun? Who knows?
The contact MUST be read to see if there is said disclosure in there.
Mr. Scooter DID disclose on his contracts ALL except the one my
client signed. Go figure...
Q: Dealer trying to repossess a used car after loan expired and warranty dispute in CA. What are my options?
I purchased a used car in California on March 13, 2025. The dealer allowed the loan to expire on April 12, 2025, and is now trying to reclaim the vehicle. Although I signed the typical sales paperwork, the dealer pressured me to accept a third-party warranty, which was financially unreasonable.... View More
Scott Richard Kaufman
answered on Apr 18, 2025
answered on Apr 18, 2025
Make sure ALL communications are in writing.
The threat alone to repo 'could' be unlawful.
I do not know what you mean when you say the DEALER let the loan expire.
HERE is a link to the consumer law rules INCLUDING the rule on canceling a service contract:... View More
Q: Given false Carfax, vehicle had undisclosed major damage, steps to resolve?
When I purchased a vehicle on February 16, 2020, I was given a false Carfax report, which omitted information about major previous damage to the vehicle. I have informed the lender about this issue. What steps can I take to address this situation?
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James L. Arrasmith
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answered on Apr 2, 2025
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answered on Apr 2, 2025
You have a potential legal claim based on misrepresentation regarding your vehicle purchase. Under California's Consumer Legal Remedies Act and the Vehicle Code, sellers must disclose known material facts about a vehicle's condition, and providing a false Carfax report that omits major... View More
Q: What forms should I bring to the DA’s office to resolve a case with a stolen vehicle I unknowingly purchased?
I purchased a vehicle in September 2024, unaware it was stolen, and I have proof of conducting a VIN check through nicb.org showing no theft records. The car was impounded, and my fiancé was arrested while driving it. The seller is currently incarcerated for similar charges. Our first court date... View More
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James L. Arrasmith
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answered on Feb 25, 2025
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answered on Feb 25, 2025
You're in a challenging situation, and acting quickly before the court date is wise. Bringing documentation to the DA's office that demonstrates your good faith purchase is crucial to help clear your fiancé's name. Your NICB VIN check showing no theft records at the time of purchase... View More
Q: Can I pursue a claim against a dealership for undisclosed car issues in CA?
I purchased a car on April 8, 2024, and began experiencing problems a month later. I initially took it back to the dealership for repairs under a three-month warranty. After getting it back, the car's condition got significantly worse right after the warranty period expired. Additionally, the... View More
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James L. Arrasmith
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answered on Feb 22, 2025
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answered on Feb 22, 2025
You have several potential legal options in California when dealing with undisclosed vehicle issues. The California Consumer Legal Remedies Act and the Vehicle Code provide protections against dealerships that fail to disclose known defects or misrepresent a vehicle's condition.
First,... View More
Q: Can I sue a car dealer in California for persistent engine issues under warranty?
I purchased a car for $5,000 with a 90-day warranty from a dealer, and within a month, the check engine light kept coming on. I've taken the car back to the dealer over four times for repairs, but the issue persists. The warranty covers engine issues, but the dealer refuses to provide receipts... View More
Scott Richard Kaufman
answered on Mar 7, 2025
answered on Mar 7, 2025
IF you have a warranty and they cannot fix under warranty, you have a decent claim, likely. You may wish to take it to another shop for an estimate/inspection, just to lock this down, since they are not doing the job...
Q: Should I take Honda to small claims court over $4100 car repair warranty issue?
I have an ongoing issue with my vehicle that started when I had 9 months remaining on the factory warranty. Due to the unavailability of a loaner vehicle, the repair could not be completed. I reported the issue first in March 2024 and followed up in July 2024. The warranty expired in December 2024,... View More
Scott Richard Kaufman
answered on Mar 7, 2025
answered on Mar 7, 2025
You should do what feels right. IF it were me I'd meet Honda in the middle and take 90% but it is NOT me, it's you. Good luck with it.
Q: I have a 2021 Jeep Wrangler hybrid purchased in Michigan. I now live in Chula Vista, CA. Hybrid battery now acting up.
The car is now back in the dealership for the 4th time. The service advisor told me I should call a lawyer. I'm just perplexed on what I should do. For a little detail, my husband worked at Chrysler and purchased this car for us to retire in California. Unfortunately, he passed away... View More
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James L. Arrasmith
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answered on Jan 18, 2025
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answered on Jan 18, 2025
I'm very sorry to hear about the loss of your husband, and I understand how overwhelming these car troubles must feel during such a difficult time. Your situation with the recurring hybrid battery issues clearly falls under California's Lemon Law, which provides strong consumer... View More
Q: I bought a new car, ended up being a Lemon. I have add-ons on my contract such as GAP etc. are those refundable?
I bought a brand new car, 3 days in I had to take it back to service. The manufacture has agreed to buy the car back, but I have a few add-ons that I purchased on my contract from the dealership that are well over $5000. Is that money refundable to me since the car turned out to be a lemon and will... View More
Scott Richard Kaufman
answered on Jan 15, 2025
answered on Jan 15, 2025
What negative equity? You just bought it. Oh wait, you rolled neg equity into the newer car?
Uggghhh. Now, on top of that, you are trying to handle the legal stuff without a lawyer even
though attorneys in a lemon law case are to be paid by the other side? Well, the manufacturers... View More
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