Unlike large-volume firms in Sacramento or the Bay Area that treat clients like case numbers, I provide personal service to every Nevada City resident I represent. When you call my office, you're calling a neighbor who understands our community, knows the challenges of mountain driving, and is committed to getting you justice.
Understanding California's Lemon Law
California's Song-Beverly Consumer Warranty Act—commonly known as the Lemon Law—protects consumers who purchase or lease defective vehicles. If your car, truck, SUV, or motorcycle has substantial defects that the manufacturer cannot fix after reasonable repair attempts, you may be entitled to a refund or replacement vehicle.
The best part? The manufacturer must pay my attorney fees separately from your recovery. This means you pay nothing out of pocket to pursue your rights.
Does Your Vehicle Qualify as a Lemon?
Your vehicle may qualify under California law if:
- Substantial defect covered by warranty: The problem significantly impacts safety, use, or value
- Multiple repair attempts: Generally 2+ attempts for serious safety defects, or 4+ attempts for the same problem
- Extended time out of service: 30+ cumulative days in the shop during the first 18 months or 18,000 miles
- Problem occurred under warranty: The defect first appeared while covered by manufacturer's warranty
- Not caused by misuse: The problem wasn't caused by accidents, abuse, or unauthorized modifications
Common Problems Affecting Nevada City Vehicles
Living in Nevada City means dealing with unique driving conditions—steep grades, winter weather, and mountain roads. I frequently see these defects that may qualify for lemon law claims:
- 4WD/AWD system failures (critical for our winter conditions and mountain terrain)
- Engine problems (stalling on steep grades, overheating, failure)
- Brake system defects (essential for navigating our hills safely)
- Transmission issues (slipping, failure to shift, complete failure)
- Electrical system malfunctions (battery drain, computer failures)
- Heating system problems (dangerous during our cold winters)
Important: New California Law Effective July 1, 2025
AB 1755 (as amended by SB 26) significantly changed California's lemon law procedures. Beginning July 1, 2025:
- Written Notice Requirement: Vehicle owners must provide written notice to the automaker demanding a refund or replacement vehicle before filing a lemon law lawsuit to preserve their right to civil penalties.
- Mandatory Mediation: The law now requires vehicle owners to attend mediation as part of resolving a lemon lawsuit. Mediation must be completed before the parties can engage in full statutory discovery (the process of trading information and evidence).
These new requirements make having an experienced attorney even more critical. I ensure all proper notices are sent on time, guide you through the mediation process, and protect your full legal rights—including civil penalties that can significantly increase your recovery. Missing these steps or handling them incorrectly could cost you thousands of dollars in additional compensation and delay your case resolution.
What You Can Recover Under Lemon Law
If your vehicle qualifies as a lemon, California law entitles you to substantial compensation:
Replacement or Refund
- Full purchase price refunded
- Loan or lease fully paid off
- Registration fees and taxes back
- Or comparable replacement vehicle
Additional Compensation
- Towing costs reimbursed
- Rental car expenses covered
- Civil penalties (if manufacturer acted in bad faith)
- Your attorney fees paid by manufacturer
Why Choose a Nevada City Attorney?
Because I'm your neighbor, not a distant law firm. I've lived and practiced in Nevada County for decades. I shop on Broad Street, I know what it's like driving Highway 20 in winter, and I understand the importance of having a vehicle you can trust in our mountain community.
When you work with me, you get direct access to an experienced attorney—not a paralegal, not a case manager. You have my personal cell phone number, and I return calls promptly. Your case isn't just another file number; it's a Nevada City neighbor who deserves justice.
The Lemon Law Process
Many Nevada City residents worry that pursuing a lemon law claim will be complicated or expensive. The reality is much simpler, and you pay nothing upfront.
Step 1: Free Case Evaluation
Call me at 530-265-0186 for a no-cost consultation. I'll review your situation and tell you honestly whether you have a valid claim. No pressure, no obligation.
Step 2: Document Collection
I'll help you gather repair orders, warranty documents, and communications with dealerships. Whether you've had service in Nevada City, Grass Valley, Auburn, or Sacramento, I'll obtain the necessary records.
Step 3: Pre-Lawsuit Notice
Under the new 2025 law (AB 1755), I must send formal written notice to the manufacturer demanding resolution before filing suit. This preserves your right to civil penalties and sets the stage for settlement.
Step 4: Mediation and Negotiation
Most cases now go through mandatory mediation before trial. I'll represent you in mediation and negotiate aggressively for the best settlement. The majority of cases resolve here, typically within 4-6 months.
Step 5: Litigation if Necessary
If the manufacturer refuses a fair settlement, I'm fully prepared to take your case to court. With 25 years of litigation experience, I know how to win at trial.
Step 6: You Get Justice
You receive either a full refund, replacement vehicle, or negotiated settlement. The manufacturer pays my attorney fees separately, so every dollar you recover goes to you.
Where Nevada City Residents Buy Vehicles
It doesn't matter where you purchased your vehicle—California Lemon Law applies statewide. Many of my Nevada City clients bought their vehicles from:
- Grass Valley dealerships (Idaho Maryland Road, Freeman Lane)
- Auburn area dealerships (Foresthill Road, Auburn Boulevard)
- Roseville auto mall dealerships
- Sacramento area dealers
- Bay Area dealerships
- Online purchases (Carvana, Vroom, etc.)
Your lemon law rights are the same regardless of where you bought the vehicle. What matters is that you're a California resident with a defective vehicle under warranty.
Frequently Asked Questions
Do you have to pay attorney fees?
No. California law requires the manufacturer to pay my attorney fees separately from your recovery. You don't pay me anything out of pocket, and my fees don't come out of your refund or settlement.
Can You Lemon Law a Leased Vehicle?
Yes, absolutely. Leased vehicles are fully protected under California's Lemon Law, just like purchased vehicles. If your leased vehicle qualifies as a lemon, you're entitled to have the manufacturer buy back the lease. You'll receive a refund of all payments you've made (down payment, monthly lease payments, and other charges), minus a mileage offset. The manufacturer will also pay off the remaining lease balance with the leasing company, and you'll be released from any further lease obligations. Many people mistakenly think they're stuck with a defective leased vehicle, but California law protects lessees equally.
Can You Get a Replacement Vehicle Instead of a Refund?
Yes. Under California's Lemon Law, you have the right to choose between a refund (buyback) or a replacement vehicle of comparable value. If you prefer a replacement, the manufacturer must provide you with a new vehicle that is substantially similar to your defective one—same make, model, year (or current year equivalent), and comparable features. Most manufacturers prefer to offer refunds because it's administratively simpler, but the choice is legally yours. If you loved everything about your vehicle except the defect, requesting a replacement can be a great option. However, many clients prefer the refund because it gives them more flexibility to choose any vehicle they want from any dealer.
Do You Need a Lawyer for Lemon Law in California?
While you're not legally required to hire an attorney, it's highly recommended. Manufacturers have experienced legal teams working to minimize what they pay out. Having an attorney levels the playing field and typically results in faster, better settlements. Most importantly, the manufacturer pays your attorney fees under California law, so there's no financial reason not to have professional representation. Attempting to handle a lemon law claim on your own often results in lower settlements, longer timelines, or outright denials.
What if my warranty has expired?
The key question is whether the defect first appeared while your vehicle was under warranty. Even if the warranty has since expired, you may still have a valid lemon law claim if the problem started during the warranty period. I can review your repair history to determine if you still have rights.
Can I still drive my vehicle during the process?
Yes, in most cases you can continue driving your vehicle during the lemon law process. However, if it's unsafe due to brake problems, steering issues, or other safety-related defects, you should stop driving it immediately. In such cases, we can discuss rental car reimbursement options and how to document the safety concerns for your claim.
What Is the Formula for Lemon Law Buyback in California?
California uses a specific formula to calculate your buyback amount. You're entitled to: the full purchase price or lease payments made, plus all collateral charges (such as sales tax, registration fees, and finance charges), minus a "mileage offset" for the miles you drove before the first repair attempt. The mileage offset is calculated as: (miles driven before first repair attempt ÷ 120,000) × purchase price. For example, if you paid $40,000 and drove 10,000 miles before the first repair, the offset would be approximately $3,333. You'd receive roughly $36,667 plus taxes and fees, and the manufacturer would pay off any remaining loan balance.
What Is the Average Lemon Law Settlement in California?
Settlement amounts vary significantly based on the vehicle's value, age, and mileage. Most buybacks range from $20,000 to $60,000 for typical passenger vehicles, though luxury vehicles and trucks can be much higher. It's important to understand that "settlement" in lemon law cases usually means either a full buyback (using the formula above) or a replacement vehicle of equal value. Some manufacturers offer cash settlements below the buyback amount to resolve claims quickly, but you're under no obligation to accept less than what the law entitles you to. As your attorney, I ensure you receive the maximum compensation you deserve under California law.
How long does the process take?
Most lemon law cases settle within 4-6 months, especially with the new mandatory mediation requirement. Complex cases that require full litigation may take 9-12 months, but manufacturers often settle quickly to avoid trial and mounting attorney fees.
What if I bought a used vehicle?
Used vehicles can qualify for lemon law protection if they were sold with a warranty. This includes certified pre-owned vehicles, which come with manufacturer warranties. The specific protections depend on the type of warranty and when the defect appeared. Even some "as-is" sales may have limited warranty coverage.
Do I need to use a specific repair facility?
Yes, you should have repairs done at an authorized dealership for your vehicle's make. This ensures proper documentation and that repairs are covered under warranty. Nevada City residents typically use dealerships in Grass Valley, Auburn, or Roseville for warranty service. Using independent mechanics may void your warranty and hurt your lemon law claim.