In order for you to be able to assert your rights under either the California or Federal lemon law it is necessary that dealers for the manufacturer have had a reasonable number of unsuccessful attempts to repair a significant problem or problems.

What constitutes a reasonable number of attempts depends on the circumstances of each case. For example, a safety related problem (such as brake failure or stalling) may require only one or two attempts to be considered "reasonable" whereas other types of problems (such as a malfunctioning air conditioner) may require more attempts.

It is presumed that dealers have had a reasonable number of attempts to repair a problem if the same problem has been subject to repair 4 or more times within the first 18 months or 18,000 miles or if the vehicle has been out of service for repairs of any major problems for more than 30 days in the first 18 months or 18,000 miles. Effective January 1, 2001, a consumer need only show that a safety related problem has been subject to repair 2 or more times within the 18 month/18,000 mile period.  HOWEVER, IT IS NOT REQUIRED THAT YOU HAVE 4 REPAIR ATTEMPTS (2 for safety-related problems) OR 30 DAYS OUT OF SERVICE TO "QUALIFY" UNDER THE LEMON LAW. THIS IS A COMMON MISUNDERSTANDING. A consumer need only prove a reasonable number of repair attempts.

The attempts must have been unsuccessful. If your vehicle is in a repaired condition, you have no ability to pursue a claim under either lemon law regardless of how many times it may have been subject to repair. A vehicle must be in a malfunctioning condition at the time a claim is asserted. Therefore, if you have had a problem or problems repaired a reasonable number of times and the vehicle malfunctions again, you should contact our office before taking the vehicle in for further servicing.

A problem is considered significant if it substantially impairs the use, value, or safety of the vehicle. Generally speaking, problems involving safety result in stronger cases than problems involving value.

Another big change in the lemon law, effective January 1, 2001 is that it covers business vehicles now as long as the business has 5 or fewer vehicles registered in California.  

If you feel that your case falls within these guidelines, you should completely fill out the "Lemon Law Questionnaire" and "Lemon Checklist" (also available in Acrobat PDF format) and return them to us immediately. Please attach legible copies of all of your paperwork in your possession regarding your vehicle. If you are not sure that your case falls within these guidelines, please call us first.

This "Lemon Checklist" is not exhaustive. It merely represents the types of documents most consumers have. I will need all of the above, plus anything else you have that pertains to the vehicle. You will need to organize these documents by date before sending them to us.

Depending on the nature and history of the problems involved, the extent of the efforts to resolve them and the response of the manufacturer and dealers, these cases can result in the recovery of actual damages, a civil penalty equal to two times actual damages, attorney's fees, costs and expenses.

In the meantime, you should be sure to document everything by making notes of relevant telephone calls, keeping copies of all relevant letters sent or received and getting a repair order each time the vehicle is in for servicing. You should not leave a dealership after servicing without a repair order.

Please understand that, while we are happy to review your documents and information, we do not begin representation of any client until we have entered into a written and signed fee agreement. We want to be sure that you fully understand this and that you do not think that we are pursuing your claim for you unless and until we enter into a formal written and signed fee agreement.

PLEASE KEEP IN MIND THAT ANY COMMUNICATIONS BETWEEN YOU AND MY OFFICE (INCLUDING THIS LETTER AND THE ENCLOSED QUESTIONNAIRE) ARE CONFIDENTIAL COMMUNICATIONS. PLEASE DO NOT GIVE COPIES OF ANY SUCH COMMUNICATIONS TO ANYBODY. FURTHERMORE, YOU SHOULD NOT "COPY" ME WITH ANY COMMUNICATIONS WHICH YOU MAY HAVE WITH ANYBODY. BECAUSE WE WANT TO KEEP COMMUNICATIONS CONFIDENTIAL, WE STRONGLY RECOMMEND THAT YOU NOT COMMUNICATE WITH US OVER THE INTERNET. IF YOU DO YOU MIGHT WAIVE THE CONFIDENTIALITY OF OUR COMMUNICATIONS.