Man searching for cars online through private parties.

Private Parties, Online Sales, and the Lemon Law

By: Sepehr Daghighian, Esq.

Today, more and more car buyers and skipping traditional brick-and-mortar car dealerships and, instead, finding their cars online.  For many, purchases from private parties, eBay, auto-brokers, CarMax, Carvana, Craigslist, Car Gurus, and other online resources have replaced the traditional joy of visiting and haggling with one’s local dealership.  However, questions arise as to the availability of lemon law protections when one purchases a vehicle from a private party, from out of state, or from another non-traditional source.

Is There a Warrantable Defect?

The first question in determining if lemon law protection is available is whether or not the vehicle’s defects are covered by a manufacturer’s warranty.  In order for the lemon law to apply, the purchaser must be able to demonstrate a warrantable defect. Warranty coverage is most often found either under the original manufacturer’s warranty or through a certified pre-owned (“CPO”) warranty.  In the absence of warranty coverage, lemon law protection is unlikely.  

Which Lemon Law Applies?

Once warranty coverage is determined next step is determining which of the many available lemon laws covers the vehicle’s purchase.  For instance, California’s Song-Beverly Act is limited in covering purchases made in California and from retailers. Thus, purchases from private parties or from out-of-state retailers may not be covered by the Song-Beverly Act.  Meanwhile, the Federal lemon law, the Magnusson-Moss Act, does not feature these same limitations. Therefore, an expert lemon law attorney can oftentimes find coverage, even when a vehicle is purchased from a private party or from out of state.  

What to Do Next?

CCA recommends that you consult with a lemon law attorney to determine if your vehicle’s issues and your purchase are covered by one or more of the applicable lemon laws.  The first step will be to determine if your vehicle’s defects were covered by a manufacturer’s warranty. Next, we must determine which of the applicable lemon laws applies to your purchase.  

Our expert lemon attorneys are available to you for a free consultation to determine if your vehicle qualifies under the lemon law.  Further, because all of our services are paid for by the automakers, you will never receive a bill from us for our work. CCA invites you to contact us today for a free consultation: (833) LEMON-FIRM. 

Lemon Law Arbitration

Lemon Law Arbitration

By: Sepehr Daghighian, Esq.

CCA’s expert lemon law attorneys are often asked, “Should I arbitrate my lemon law claim instead of hiring a lawyer?”  While California’s lemon law arbitration system claims certain advantages to consumers, the system suffers from numerous serious disadvantages, which make it perilous to the unsuspecting and unprepared consumer.  For example, a recent study by the non-profit organization Public Citizen found a stunning bias against consumers in consumer arbitration.  In Public Citizen’s study of 19,000 consumer arbitrations conducted by the National Arbitration Forum, over 94% of the decisions were in favor of the corporation that paid them and against the consumer

Arbitration can be risky for the unprepared and unwary.  Therefore, before initiating your own lemon law claim against a behemoth automaker, we strongly suggest you consult with an expert lemon law attorney: (833) LEMON-FIRM.  

What is Lemon Law Arbitration? 

Arbitration, generally, is a process by which parties submit their dispute for resolution to a neutral third-party, rather than through the court system.  California’s Department of Consumer Affairs offers a certified arbitration program for lemon law claims under the auspices of the Better Business Bureau Auto-Line Program (“BBB”), the Consumer Arbitration Program (“CAP-Motors”), and the California Dispute Settlement Program (“CDSP”).  

Is Lemon Law Arbitration Mandatory?

Consumers that look to their warranty guides or their automakers customer service for assistance with a defective vehicle are often directed to the automaker to one or more of the arbitration programs.  However, arbitration is not mandatory.  The fact that arbitration is strongly recommended by automakers tells you a great deal about whether or not arbitration is in your best interests or in the automakers’ best interests.  

Is Arbitration More Favorable to the Consumer?

While our attorneys have successfully litigated cases in both court and arbitration, like most lemon law attorneys, we typically do not recommend arbitration to our clients for a number of reasons.  The automakers typically push arbitration for consumers by touting that: (1) the consumer won’t need to hire an attorney; (2) arbitration comes at no cost to the consumer, and (3) the arbitration’s results are only binding on the manufacturer.  However, on close examination, each of these supposed benefits appears illusory.  

First, while it is correct that the consumer does not need to hire counsel, there remains the question of whether or not going into litigation against a multi-billion-dollar corporation without a lawyer is a good idea.  But, ask yourself a few questions: Do you think Ford, General Motors, or Toyota will use their bevvy of well-trained and well-paid lawyers against you? Do you have the decades of training and technical know-how that the automakers have?    While one certainly may initiate legal or arbitration proceedings without the benefit of counsel, it is definitely not a good idea.  In all likelihood, you will be severely outmatched by the automaker’s lawyers, who know the law well and know how to skew it in their favor.  

Next, comes the issue of cost.  While it is correct that California’s certified arbitration programs come at no cost to the consumer (because they are paid for by the automakers), in truth, most lemon law plaintiffs do not pay for their lawyers or legal costs either.  CCA’s attorneys, for instance, have litigations hundreds of lemon law cases on behalf of California consumers and never sent their clients a bill. Thus, the automakers second promised benefit of cost-savings is likewise illusory.  

Finally, automakers tout arbitration as beneficial because the results are only binding on the automakers, as if the consumer has nothing to lose by trying their hand at arbitration.  However, in most cases, the outcome of the arbitration is admissible in Court. Therefore, the automakers can use the outcome of the arbitration (which was obtained while the consumer wasn’t represented by counsel and they were) against the consumer later in court proceedings.  The automakers promise that the consumer “has nothing to lose” is, therefore, also false.  

I Have a Lemon… What Should I do?  

If the corporations’ 94% success rate in the study by the non-profit organization Public Citizen is any indication, you should steer clear of lemon law arbitration.  Usually, your best first move is to consult with an expert lemon law attorney.   At CCA, our consultations and all of our services come at no cost to our clients and we will work with you to determine the best course of action.  Therefore, we invite you to call us today for a free consultation: (833) LEMON-FIRM.  

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only

Man inside a Honda Accord, holding the steering wheel.

Common Honda Accord Problems

By Jim Martinez, PC

The Honda Accord has long been ubiquitous on California roadways. Generally held to be the premier model of one of the automotive industries more reliable manufacturers, the Accord is not without its issues – particularly electrical and engine issues in 2013-2018 models. 

Common issues within the 2013-2018 Honda Accords are related to the starter failing soon after the basic 3-year/36,000 warranty expires. The most widely reported issue with the starter manifest in intermittent “no-starts,” sometimes requiring the driver to repeatedly press the Start Engine button before the vehicle would start – if the vehicle started at all. Accord owners and lessors report a clicking noise or flickering dash lights during these no-start episodes. However, Honda authorized technicians (dealership technicians) are often unable to duplicate the no-start issues due to the defect’s unreliable nature, and as such often do not repair the issue. 

The consumer is charged for a replacement starter and the labor required to install it, costing the consumer close to $1,000 per repair if not covered under warranty or covered by the manufacturer. In other instances, the consumer may be charged for a repair diagnosis, even if the Honda trained technicians are unable to verify the consumer’s concern, in effect being charged over $100.00 and leaving in the same position as before. Still worse, even though Honda Motor America is aware of their starter issues, the problem is often misdiagnosed by dealership technicians or service advisors, who may recommend replacing the vehicle’s battery – again, often at a cost to the consumer if the vehicle is out of warranty.

Other Accord owners and lessees, particularly with the 2018 Honda Accord, have reported that the auto-braking feature engages for no apparent reason while the vehicle is in operation, sometimes for seconds at a time. 2018 Honda Accord owners have also reported excessive pulsation and shuddering in the brakes when applied at highway speeds. At the risk of stating the obvious, both of these issues pose serious safety risks for Accord drivers and their fellow motorists. Accord drivers must rely on other drivers’ quick reaction times in order to avoid collisions that the drivers themselves could not be blamed for.

Still, other issues owners and lessees of 2018 Honda Accords have reported include premature daytime light burnout and headlight failure. Repairing this problem is not as simple as merely changing a lightbulb. Rather, the repair often requires the replacement of the entire headlight unit, at a cost of over $1,000 to the consumer if the defect manifests when the vehicle is out of warranty. Moreover, drivers report subsequent headlight failures of the same headlight unit, or both, again sticking the consumer with high out-of-pocket costs, to say nothing of the inconvenience of presenting the vehicle to a Honda dealership and waiting for your vehicle to be suitable to drive once again. 

While the problems with the Honda Accord’s starter, braking, and headlight issues have since been extensively documented, the general public was unaware of the issues which plagued the vehicles at the time the vehicles were made available for sale – and for a significant period of time thereafter. However, on multiple Honda internet forums, as well as on the National Highway Traffic Safety Administration website, drivers of 2013-2018 Honda Accords lodged extensive complaints, cataloging their frustrations over these common defects. In an attempt to address customers’ widespread dissatisfaction with the starter defect, Honda issued Technical Service Bulletins (“TSB”) instructing Honda authorized technicians on myriad Band-Aid fixes that do not address the primary concern – including mere battery replacement – which in most cases only temporarily alleviate the concerns.  

Fortunately, California Consumer Attorneys can help. Our attorneys and automotive experts are well-versed in all manner of vehicle defects and would love to assist owners/lessees of 2013-2018 Honda Accords. Please call us today to learn about how CCA can assist you – at no charge: (833) LEMON-FIRM. 

Man buffing out the paint defects of a white vehicle.

Paint Problems and the Lemon Law

By: Sepehr Daghighian, Esq.

You’re at a car lot and the sun is glistening off of the gleaming, pristine finish on the new car you’ve had your eye on for months  What could be prettier? Even though it’s pricey, you decide to pull the trigger and purchase your shiny new ride, dreaming of years of happy ownership of the gorgeous vehicle. This is an all too common story.  

However, for many recent car purchasers, they find that hidden beneath the glistening finish of their new ride, there are serious and often incurable paint defects. New car owners are finding, more and more, that their vehicle’s paint begins to prematurely chip, flake, rust, lose its luster, fade, or otherwise fail. Fortunately, for purchasers of vehicles with faulty paint, the California lemon law protects them. If the paint on your new ride has prematurely started to fade, we invite you to call us today for a free consultation: (833) LEMON-LAW.  

What Are New Vehicle Paint Defects?

The shiny paint finish on new vehicles is expected to last for years, if not decades. Indeed, the paint finish is typically covered by the new vehicle warranty. Vehicles also typically include a “rust warranty,” which covers premature failure of the vehicles finish.  

However, increasingly, new vehicle owners are finding that their vehicles shiny new finish prematurely fails. For instance, according to investigations and complaints reviewed by CCA’s attorney’s paint chipping has been found in:

  • 2013-2016 Honda Vehicles, including the Pilot, Accord, Odyssey, and other vehicles have suffered from premature paint chipping;
  • Toyota 2009 – 2018 vehicles with Blizzard Pearl or Super White Paint have recently been recalled for chipping and failures in the vehicle’s paint systems;
  • 2013 – 2017 Nissan vehicles, including the 2013 – 2015 Rogue, have suffered numerous complaints of paint chipping and rusting;
  • 2013 – 2018 Ford Explorers, Mustangs, and Expeditions – were recently the subject of a class-action lawsuit, alleging that the vehicles paint would prematurely bubble.  Edge, Fusion, Escape, and other models have also received widespread complaints regarding paint issues;
  • Mazda Red Soul Crystal Paint – Mazda owners with Red Soul Crystal Paint have experienced extensive chipping on their new vehicles; and
  • 2015-2017 Chrysler Town & Country and Pacifica – owners have experienced extensive paint bubbling and rusting.

If your vehicle’s paint finish is prematurely failing, we recommend that you present it for repair under your new vehicle warranty. Also, we encourage you to contact CCA for a free consultation with an expert lemon law attorney: (833) LEMON-FIRM.  

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only

An exotic vehicle driving on the highway.

Luxury, High-End, and Exotic Lemons

By Lauren C. Martin, Esq.

Folks paying the price of a small house for a vehicle typically expect to receive a solid and reliable vehicle.  However, in spite of their extravagant prices and respected marques, owners of high-end luxury and exotic vehicles all too often find their vehicles from the same frustrating defects and owners of much less prestigious vehicles.  Fortunately, the seasoned attorneys at CCA are experienced in handling lemon law claims relating to luxury, exotic, and high-end vehicles at no costs to their owners.  

Some of the most respected and expensive vehicle brands have produced their share of lemons.  For example:

ROLLS-ROYCE:

The vaunted British vehicle brand Rolls-Royce is, in fact, owned by BMW AG, the same brand that builds BMW and Mini vehicles.  Unfortunately for Rolls-Royce owners, their vehicles can suffer from many of the same issues as their cheaper cousins. For instance, in May 2019, BMW announced a recall for the seat belts, which affected BMW X1’s, Mini Coopers, and Rolls Royce Ghosts.   Also, in October 2019, BMW announced a recall of its vehicles due to defects in the backup camera. This recall, likewise, crossed vehicle lines and included Rolls Royce Phantoms and Cullinans, as well as many BMW models.

The 2010-2011 Rolls-Royce Ghost was also the subject of two recalls for their auxiliary water pump – both in 2012 and in 2018. According to documents filed with the National Highway Transportation Safety Administration (“NHTSA”), “if the circuit board were to overheat, it can increase the risk of a fire.”  The problem lies in a faulty circuit board, which could cause the circuit board to overheat, and potentially start an engine fire. This recall was submitted in addition to BMW, Rolls-Royce’s manufacturer, recalling certain 2011-2012 BMW 5 series, 6 series, 7 series, X5 series, X6 series and MINI Cooper series, for the same problem. If the concern of a vehicle fire isn’t enough – there are also limited parts available to remedy this concern. In fact, not all parts were available even at the time the recall was issued. Yet, pursuant to BMW’s recall with NHTSA, “BMW recommends that owners park their vehicle outdoors until the recall remedy has been performed.”

PORSCHE:

The Stuttgart-based German automaker Porsche has made immense improvements in the reliability of its vehicles over the past several decades.  While Porsche sports cars of the ’80s and ’90s were known finicky reliability, today Porsche builds much more reliable cars. Nonetheless, as Porsche has widely expanded its vehicle lines, today Porsche owners encounter a wide range of serious and troublesome issues with their vehicles.  

Owners of Porsche’s new vehicle lines, the Cayman, Cayenne, Panamera, and Boxster have encountered a variety of troubling and serious issues with their vehicles.  Porsche owners’ vehicle problems are particularly worrying when the vehicles fall outside of the manufacturer’s warranty and the cost of repair is stratospheric.  

For example, owners of Porsche’s SUV, the Cayenne, have complained of nagging engine, electrical, drivetrain, and other issues.  Porsche Cayenne owners with engine problems have found their vehicles stall on them while being driven, hesitate during acceleration, leak fluids, and exhibit unusual vibrations.  When these issues are not fixed under warranty, customers can face massive repair bills.  

Porsche has also been forced by the government to issue recalls in order to bring its vehicles into conformance with safety standards.  In July of 2019, Porsche announced that it was recalling 99,665 Panamera sedans and Cayenne SUVs because of a cable that links the gear selector to the transmission could fail, allowing the transmission to be in a different gear than what the shifter indicates, according to the National Highway Traffic Safety Administration.  This danger, according to NHTSA, raises the chances the vehicle could roll away. 

MERCEDES-BENZ AMG:

Mercedes-Benz’s prestigious AMG line of vehicles has also been the subject of numerous defects, recalls, and complaints.  CCA’s attorneys have handled a wide range of cases involved AMG vehicles including engine problems, transmission problems, electrical issues, and even vehicle fires.  For instance, Mercedes-Best G550 owners have suffered through a frustrating series of transmission issues, resulting in harsh shifts and strange noises emanating from the vehicle’s transmission.  

Mercedes-Benz has also been forced to issues numerous recalls, in order to address issues with its AMG vehicles.  For instance, in August of 2017, Mercedes-Benz announced a recall of its 2016-2017 AMG GLE43 Coupe and 2017 AMG GLE43 vehicles because of a defect wherein their engines would shut down while driving.  Mercedes recalled these vehicles in 2016 to update the engine control unit software because of unintended engine shutdowns. However, customers who had the updates kept complaining about their engines shutting down, so the automaker opened an investigation. 

In January of 2018, the automaker announced a recall of its AMG GT, AMG GT R, AMG GT C and AMG GT S cars to fix problems with the seat belts.  In July 2019, more recalls were issued for the AMG GT s vehicles, because of issues with the vehicle’s driveshafts.  

LAMBORGHINI:

Lamborghini builds some of the quickest and most exciting vehicles in the world. However, the Italian automakers beautiful sports cars are not without their issues. For instance, in 2019, Lamborghini announced the recall of certain 2017-19 Aventador S Coupè and Aventador S Roadster vehicles. Lamborghini’s announced that the defect involved the engine management software used for both vehicles, which, due to a defect, may cause the engine to stall while coasting toward a stop. 

Numerous models of the Lamborghini Aventador were the subject of multiple recalls, those which could increase the risk of fire or the risk of a crash. For instance, in 2017, Automobili Lamborghini recalled certain 2012-2017 Aventador Coupe and Roadsters due to a fire risk related to the evaporative emissions control system. The 2012-2017 Aventador Coupe and Roadster vehicles, under certain conditions while driving with a full tank of gasoline, the gasoline could contact the exhaust system and cause a fire. 

FERRARI:

Ferrari, the iconic sports car brand from Maranello, Italy, like all other automakers has also suffered through a series of recalls and defects.  For instance, in February of 2019, Ferrari announced two safety recalls for its vehicles. The first recall (number 67) affects certain 2017-2019 GTC4Lusso and 2018-2019 GTC4Lusso T vehicles. According to the NHTSA document, Ferrari is recalling these cars due to defective doors. The “tension on the door lock mechanism may result in the vehicle’s door being unable to be opened by using the external door handle.”  The second recall (number 69) affects a wider range of Ferrari vehicles. According to NHTSA, the fuel vapor separator of certain 2017 LaFerrari Aperta, 2018-2019 488 GTB, GTC4Lusso T, GTC4Lusso, 488 Spider, 812 Superfast, and 2019 488 Pista vehicles could potentially crack which could lead to a fuel leak that may increase the risk of fire in these vehicles.

Also, it was reported in December of 2018 that a jury in Arkansas awarded a $5.8-million judgment against a dealership for fraud, in connection with the purchase of a $90,000 Ferrari F430, which was purchased in 2016.  According to court documents, shortly after purchase, the plaintiff began smelling gas and later discovered undisclosed issues, such as a leaky fuel pump, suspension problems, and a cracked exhaust manifold. The jury found that the dealership had committed fraud because it had advance notice of the issues prior to selling the vehicle and failed to disclose them.  Although the Arkansas case involved a dealership and not the manufacturer, the jury’s verdict demonstrates that exotic and luxury vehicles can be the subject of lemon law litigation, too.  

MCLAREN:

McLaren is known for building some of the best performing and best-looking vehicles on the road. The gorgeous vehicles from Surrey, England combine blistering performance with eye-popping looks. However, in spite of their six-figure price tag, McLaren vehicles have not been without their issues. In fact, McLaren owners have complained extensively about reliability issues plaguing their vehicles. Also, the elite brand’s vehicles have suffered a series of vehicle fires, which result in the destruction of the vehicle as a whole.  

BENTLEY:

Bentley motorcars are synonymous with luxury and prestige. The aspirational car brand was founded by W.O. Bentley in 1919 and has since produced some of the world’s most desirable vehicles. Today, however, Bentley is a subsidiary of Volkswagen Group and has developed a reputation for building vehicles that suffer an abnormally high number of defects.  

In fact, according to an article in England’s Telegraph newspaper, Bentley came in dead last in terms of reliability among 37 separate automakers. Notably, according to The Telegraph, the repairs on Bentley vehicles were some of the most expensive of any carmaker.  

RESOLVING LEMON LAW CLAIMS:

If your high-end vehicle has since turned into a high-end headache, you need serious legal representation on your side. The lemon law attorneys at CCA are experts in handling lemon law complaints against manufacturers of high-end, luxury, and exotic vehicles. Our exceptional legal services are second to none and come at no cost to you – all of your legal bills will be paid by your vehicle’s manufacturer. If your vehicle has not lived up to your expectations, has been parked due to recalls, or has scared you out of driving it, we invite you to call CCA for a free consultation: (833) LEMON-FIRM.

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only

Mechanic acting as an expert witness in a lemon law case.

Expert Witnesses in Lemon Law Litigation

By: Sepehr Daghighian, Esq.

The seasoned trial attorneys at CCA regularly utilize outside expert witnesses in lemon law litigation in order to help understand, analyze, and bolster their client’s cases.  Lemon law cases oftentimes involve complicated technical issues and disputed facts. Thus, automotive technical experts provide critical insights, which allow our attorneys to deliver superlative results for our clients.

The use of lemon law expert witnesses is allowed both under California Evidence Code Section 720, and Federal Rule of Evidence 702.  In the context of the California Evidence Code, in order to qualify as an expert witness, the expert must demonstrate that “he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.”  In the Federal context, similarly, Rule 702 requires expert witnesses to demonstrate that their “scientific, technical or otherwise specialized knowledge will help the trier of fact understand the evidence, or to determine a fact in issue.” The automotive expert witnesses used by CCA’s attorneys assist by conducting vehicle inspections, performing scientific analyses, reviewing and opining on repair orders and repair procedures, and providing highly skilled technical testimony to juries to help deliver trial victories for our clients.  

The automotive experts we use are some of the most qualified in the industry.  Oftentimes, lemon law litigants are faced with expert testimony by manufacturers in house personnel, which needs to be countermanded at trial.  Therefore, CCA’s attorneys utilize master automotive technicians with decades of experience, who are often ASE certified, and who are exceptionally well-versed in all aspects of automotive technology.  Lemon law litigation involves complicated defects, new technologies, and lengthy repair histories. Technical experts help analyze these issues by conducting vehicle inspections, reviewing records, and researching the defects experienced by our clients in light of widespread problems with similar vehicles.  CCA’s automotive experts assist our attorneys in understanding these matters and, when necessary, help to explain them to the jury.  

Also, lemon law cases often turn on whether or not authorized dealerships properly performed repair procedures.  Technical experts help to analyze the repair orders and the dealership procedures to determine whether or not the dealership’s work was up to snuff.  Lemon law automotive experts furthermore conduct scientific analysis in order to help understand the issues at hand. For instance, our experts often analyze fluid samples from engines and transmissions in order to understand the vehicle system’s malfunctions.  These chemical fluid analyses serve as a “blood test” to understand scientifically the underlying cause of vehicle defects. Such tests can prove conclusively that a vehicle system is defective, in spite of a manufacturers claims that there is nothing wrong with our client’s vehicle.  

Effective automotive experts can mean the difference between winning and losing at trial in lemon law cases.  CCA’s attorneys have litigated numerous cases wherein juries relied heavily on testimony by technical experts.  For instance, in litigation concerning FCA’s flawed Totally Integrated Power Module (“TIPM”), our attorneys have utilized experts to analyze and explain the TIPM system’s failures in light of the history of defects evidenced by FCA’s internal documents.  Furthermore, technical experts have been critical in undermining defense theories regarding TIPM malfunctions and explaining why FCA’s repair protocols were insufficient to properly address the TIPM’s many issues. 

Lemon law litigation oftentimes involves subtle issues such as intermittent problems, hesitations or jerking during acceleration, or violent transmission shifts.  In such cases, lemon law expert witness testimony is critical in providing third party neutral analysis of the vehicle’s performance.  

Automotive experts are also used to overcome the smoke and mirrors presented by the defendants in lemon law trials.  For example, in a recent “unintended acceleration” case tried by CCA’s attorneys in Riverside, California, the defendant insisted (through an in-house engineer) that there was no defect with the vehicle and that there was no unintended acceleration.  Our client’s expert witness, however, drew on his decades of experience and an over 1,000-mile test of the subject vehicle to determine conclusively that the vehicle possessed a defect and that the defendant’s theory of the case was not tenable. Ultimately, the jury returned a verdict in our client’s favor.  In these and countless other cases, the automotive experts utilized in lemon law matters serve as a critical piece of the puzzle in achieving a successful outcome for our clients.  

Lemon law litigation oftentimes involves technical, sophisticated, and nuanced issues. CCA’s attorneys rely on the industry’s foremost experts to provide a technical and scientific foundation for our client’s lemon law claims.  If you have a lemon law case that requires a high degree of technical expertise, we invite you to contact our firm for a free consultation: (833) LEMON-FIRM.

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only

Someone driving a car in the rain, experiencing water leaks.

Lemon Law and Vehicle Water Leaks

By Sepehr Daghighian

In sunny California, we don’t spend too much time worrying about the rain.  However, come wintertime, vehicle owners often encounter an unpleasant, smelly, inconvenient, and even dangerous phenomenon: vehicle water leaks.  CCA’s clients often enjoy months of trouble-free driving only to encounter vehicle problems arising from water intrusion during the first rains of the season.  For instance, rain and moisture can enter the vehicle’s cabin through the roof panel or sunroom, enter the doors and tailgate through leaks in the weather-stripping, and soak the floorboards and carpeting by entering the vehicle’s cab through various openings.  

Fortunately, most sources of vehicle water leaks are covered by vehicles’ “basic” or “bumper-to-bumper” warranties.  If your vehicle’s manufacturer is unable to cure these leaks after a reasonable number of attempts, your vehicle may qualify as for repurchase or replacement as a lemon under California law.  

Vehicle warranty leaks are not only stinky and inconvenient, but they can also pose a safety risk.  For instance, in April of 2019, Acura announced that it was recalling 323,000 of its 2014-2019 MDX sports utility vehicles because water intrusions in the rear liftgate could lead to damage to electrical components, including the taillights and brake lights.   

Owners of 2012 – 2018 Jeep Patriot and Compass SUVs have also complained extensively of severe roof leaks into the interior of their vehicles.  For instance, Jeep Owners have complained that their “roof leaks when there is a heavy rainstorm. Car now reeks like spoiled milk. Water leaks out of the glove compartment sometimes too.”  Oftentimes, in spite of taking their vehicles to the dealership for warranty service, Jeep is unable to correct the leaks. Like Acura’s water leaks, these roof leaks can also lead to electrical shorts because the water oftentimes intrudes into the vehicle’s dome lights.  

In October of 2017, Ford Motor Company issued a recall on 73,400 of its 2015-2017 Transit Vans, which it found could be harmed by water intrusion.  According to Ford, symptoms of a problem include turn signals that flash too quickly, a loss of the instrument cluster display, losing the heater and air conditioning controls and losing the radios, screens and all multimedia functions.  Ominously, Ford warned that the water intrusion could also lead to vehicle fires. Later in May of 2018, Ford expanded this recall to include additional Transit-150, Transit-250, Transit-350, and Transit-350 HD vehicles.  

The expert attorneys at CCA have handled numerous lemon law matters on behalf of clients that experienced annoying, inconvenient, and dangerous water intrusions in their vehicles.  If your vehicle’s manufacturer has been unable to repair leaks in your vehicle covered by warranty, we invite you to give us a call today for a free consultation: (833) LEMON-FIRM.  

CCA services consumers throughout the State of California and persons that purchased their vehicles in California, only

The Lemon Firm discusses the common stalling concerns with Jeep Grand Cherokees and Dodge Durangos.

Jeep Grand Cherokee & Dodge Durango Stalling Concerns: The Hits Just Keep on Coming

By Sepehr Daghighian

Owners of FCA’s 2011 to 2013 Jeep Grand Cherokees and Dodge Durango have suffered through years of frustrating vehicle defects, repair half-measures, recalls, visits to the dealership, and continued vehicle defects.  Most recently, on November 14, 2019, FCA (Jeep and Dodge’s parent company) announced yet another recall to address the Grand Cherokee and Durango’s notorious stalling problem.  

Owners of 2011 to 2013 Jeep Grand Cherokees and Dodge Durango began complaining as early as 2011 about an extremely dangerous tendency by their vehicles to spontaneously shut off or not start.  Vehicle owners complained, particular while making turns, that their Grand Cherokees and Durangos would suddenly turn off, resulting in a loss of power and difficulty controlling the vehicle. Also, Grand Cherokees and Durango owners found that their vehicles would intermittently not start.  Adding insult to injury, when taking their vehicles under warranty to their authorized Jeep/Dodge dealerships, all too often, vehicle owners were told that there was “no problem found” or that nothing was wrong with their SUVs.  

By May of 2013, FCA traced the root of the dangerous stalling condition to the vehicle’s TIPM or Totally Integrated Power Module.  The TIPM serves as the electronic distribution system in Grand Cherokees and Durangos, distributing power to all of the vehicle’s components, including the fuel pump.  FCA found that, when the TIPM failed to provide power to the fuel pump, the fuel pump wouldn’t supply fuel to the motor, and the vehicle would either stall or not start.  By May of 2013, FCA prescribed a fix for the beguiling TIPM problem in the form of Star Case No.: S1308000399.  While the Star Case prescribed externalizing the fuel pump’s relay to the TIPM, the Star Case’s remedy was not immediately deemed a mandatory recall.  Therefore, countless Grand Cherokee and Durango owners continued to suffer through frustrating and dangerous no-starts and vehicle stalls.  

On August 21, 2014, the Center for Auto Safety (“CAS”) sent an investigation demand to National Highway Traffic Safety Administration (“NHTSA”) wherein it lambasted FCA for its TIPM and the half-measures, which had been implemented to address the stalling concerns.  The CAS Petition described, “The TIPM consists of a computer, electric relays, and fuses, and is responsible for distributing power throughout the entire vehicle. Not only do Chrysler’s faulty TIPMs result in vehicle stalling, they have also been implicated in airbag non-deployment, random horn, headlight, taillight, door lock, instrument panel and windshield wiper activity, power windows going up and down on their own, failure of fuel pump shutoff resulting in unintended acceleration, and fires.”  Many of these same defects have been experienced by CCA’s attorney’s clients. The Petition went on to state, “Chrysler owners seeking relief of these conditions are currently being forced to pay for TIPM replacement, and wait weeks or months for the part to become available, due to incredible demand. In the interim, these owners remain at the mercy of a defect which many have likened to the vehicle being possessed and uncontrollable. A look at consumer complaints filed with CAS suggests a better name for the TIPM – Totally Inept Power Module.”  

Only after CAS had petitioned NHTSA did FCA issue its first recall for the TIPM defect.  In December 2014, FCA issued Recall P54, which essentially prescribed the same fix that FCA was aware of in May of 2013 in the above Star Case.  Therein, FCA admitted that: “The Totally Integrated Power Module (TIPM) on about 188,000 of the above vehicles contains an internal fuel pump relay that could operate intermittently or fail without warning. An intermittent or failed fuel pump relay could cause the engine to stall while driving and cause a crash without warning.”  However, the P54 recall only applied to owners of 2011 Jeep Grand Cherokees and Dodge Durangos. Incredibly, owners of 2012-2013 vehicles, which were equipped with the same TIPM and suffered from the same dangerous defect, did not receive a recall. What is worse, even after P54 was applied to their vehicles, many Grand Cherokee and Durango owners continued to suffer from vehicle stalls and no-starts.  

Inexplicably, FCA waited until July 2015 (a full year and a half later) to issue recall P54 for 2012-2013 Grand Cherokee and Durango owners.  This new recall was called “R09” and also prescribed the same fix as the Star Case from May of 2013.  No explanation was given as to why FCA waited over 2-years to implement this fix as a recall.  What is worse, vehicle owners continued to suffer through vehicle stalls and no-starts even after the recall was applied to their vehicles.  Frustratingly, the FCA dealerships continued to tell them that “nothing was wrong” or would charge them for expensive repairs.  

Only very recently did FCA acknowledge what its customers have known all along: that the half-measures prescribed by the Star Case, Recall P54, and Recall R09 were insufficient to adequately address the stalling concern.  On November 14, 2019, FCA issued Recall V62, wherein it acknowledged that “Some 2011 through 2013 MY Dodge Durango vehicles that are included in the NHTSA Recalls [P54] and [R09] vehicle population may have had a fuel pump relay installed as a recall remedy that is susceptible to silicon contamination of the relay

contacts that can cause the relay to fail.  The vehicle population was determined to be all vehicles that are included for NHTSA Recalls [P54] and [R09], including all remedied and unremedied vehicles… The total affected vehicles for this model is 147,846.”  Incredibly, while some of the Durangos and Grand Cherokees are now nearly a decade old, the initial recall does not yet issue a fix for the TIPM problems, stating, “The remedy is currently under development.”

CCA’s attorneys are some of the most experienced in California with regards to the history of vehicle stalling and no-starts afflicting FCA’s vehicles (Jeep, Dodge, Chrysler, Ram, Fiat, and others).  If you’ve suffered through excessive repairs or if your FCA vehicle hasn’t delivered the quality that you were promised, we invite you to call us today for a free consultation with a Lemon Law professional: (833) LEMON-FIRM.  

TheLemonFirm.com discusses a series of new vehicle warranties.

The New-Vehicle Warranties

By Brian T. Murray

Aside from the new car smell, one of the best advantages of purchasing a new vehicle is knowing that your new car will be covered by the manufacturer’s warranty.  Yet, consumers don’t often appreciate that their vehicles are covered by multiple, sometimes overlapping warranties.  

For the majority of automobile manufacturers, the new-vehicle warranty includes a basic bumper-to-bumper warranty and a powertrain warranty.  The basic or bumper-to-bumper warranty usually covers the cost of repairs for defects in materials or workmanship to all components for a given time and mileage.  Currently, Volkswagen offers one of the industry’s best basic warranties that lasts for 6-years or 72,000-miles, whichever occurs first.

Most automobile manufacturers also offer a powertrain warranty that applies to major mechanical components like the engine, transmission and axles.  Several manufacturers including Kia, Hyundai, and Mitsubishi offer a 10-year or 100,000-mile powertrain warranty.  However, make sure to read the fine print because in some cases, the 10-year or 100,000-mile powertrain warranty is only available to the original owner of the vehicle.  Subsequent owners are stuck with much less coverage.  

In addition to the manufacturer’s warranty, vehicle emissions systems are covered by warranties that statute.  Among other parts, the Federal Emissions Warranty can cover emissions-related component repairs for vehicles up to 8 years old or up to 80,000 miles, whichever comes first. The Federal Emissions Warranty covers the repair/replacement of many emission-related components. 

Components typically covered under the 8/80 Federal Emission Warranty include emission parts that must perform for an extended period of time without performance issues. These components include a vehicle’s Catalytic Converter, Transmission Control Module, and Powertrain Control Module and/or Engine Control Unit (PCM or ECU).

The State of California has its own emissions component coverage for 7-years or 70,000-miles. The California Emissions Warranty covers many more smog parts than the Federal Emissions Warranty. There are also certain year, make and model vehicles that may have emission parts covered under the California Warranty that go above and beyond the normal parts coverage for 8/80.

Historically, new vehicle warranties were not always so comprehensive.  At the turn of the 20th century, some manufacturers including Oldsmobile offered no warranty at all.  By the 1920s, it was not uncommon to see a 90-day warranty sold with new vehicles.  

Despite the introduction of longer warranties in the 1960s, automobile quality had deteriorated so badly that the U.S. Federal Trade Commission launched an investigation into the growing litany of consumer complaints. In 1975, Congress enacted the Magnuson–Moss Warranty Act in response to merchants’ widespread misuse of express warranties and disclaimers. The purpose of the act was to make warranties on consumer products more readily understood and enforceable.  

The Magnuson–Moss Warranty Act is still in effect today to protect consumers from deceptive warranty practices in connection with all consumer goods, including automobiles.  Although manufacturers of consumer goods are not required to provide written warranties, if a written warranty is provided, it must comply with the Magnuson-Moss Act.

In addition to the Magnuson-Moss Warranty Act, California Consumers enjoy the benefit of the Song-Beverly Consumer Warranty Act.  The Song-Beverly Act is one of the strongest consumer protection acts in the nation and provides broad protections to vehicle owners when their vehicle manufacturers fail to live up to the promises made in their warranties.  

If your vehicle has had excessive warranty issues or spent too many days in the shop, please give the lemon law experts at CCA at call today for a free consultation: (833) LEMON-FIRM. 

Are Vehicle Service Records Admissible Evidence? Hint: California Requires Dealerships To Keep A Paper Trail.

By Erik K. Schmitt, Esq.

Every time a person brings in a vehicle to a dealership to repair a problem, a service record (or, repair order) should be created to document the problem and any steps taken by the dealership to diagnose and repair it. Not only are these records important to document the history of the vehicle, but they are mandated by California law. (Cal. Bus. & Prof. Code § 9884.9.) And while it seems like a no-brainer that repair orders are proper, admissible evidence to prove a car is a lemon, auto manufacturers often try to argue that the documents should not be admitted in court because they contain statements that violate the evidentiary rule against hearsay.

The rule against “hearsay” is one of the first things every first-year law student learns on the road to becoming an attorney. Generally speaking, the hearsay rule states that (with a handful of exceptions) any out-of-court statement offered for its truth cannot be used as evidence to prove a disputed fact. The idea behind excluding hearsay is that the statement, and the person making the statement (the declarant), aren’t subject to scrutiny, such as by cross examination by an attorney or credibility evaluation by a jury. Accordingly, the law deems these kinds of statements inherently unreliable.

However, despite manufacturers’ attempts to hide relevant information from a jury, there are several exceptions to the hearsay rule that allow repair orders (and the customer’s complaints) to be admitted into evidence. First, the documents themselves are reliable business records that are regularly created in the dealership’s normal course of business. Second, the complaints aren’t actually being used to prove the vehicle was a lemon, but that the customer put the manufacturer on notice that the vehicle had problems covered by the warranty.

In the case of Raul Ortega v. BMW of North America, LLC, (CACD Case No. 2:18-cv-06637), CCA attorneys Sepehr Daghighian and Erik K. Schmitt successfully defended against BMW’s Motion for Directed Verdict based on this exact proposition. After Messrs. Daghighian and Schmitt won the Ortega trial on behalf of their clients, BMW argued for a directed verdict on the basis that the repair orders contained inadmissible hearsay because the customer’s complaints were being offered to prove the vehicle had irreparable defects. CCA’s attorneys countered that the repair orders were reliable business records, and that the Ortegas weren’t using those statements to prove the vehicle was defective; only that he was notifying BMW that the vehicle might have warrantable defects, and if so, give it the chance to repair the problems.

The Honorable R. Gary Klausner, a federal judge sitting in the Central District of California, agreed with the Ortegas. Judge Klausner noted that, not only did BMW acknowledge that “the repair orders themselves are excepted from the rule against hearsay since they qualify as business records,” but the complaints “were offered primarily to prove that [BMW] had been given notice of [Mr. Ortega’s] concerns on numerous occasions and that [it] had numerous opportunities to repair those concerns. Accordingly, the statements are not hearsay and should not have been excluded.” Messrs. Daghighian Schmitt’s unanimous jury verdict that: (i) Mr. Ortega’s vehicle was a lemon, (ii) that BMW had willfully violated the Song-Beverly Act, and (iii) that significant civil penalties should be awarded against BMW was affirmed by Hon. J. Klausner.  Judgment was entered in favor of the Ortegas and against BMW in the amount of $120,669.00, exclusive of attorney’s fees and costs.

If you’re having problems with your vehicle that are covered under warranty, remember to always bring it to the manufacturer’s dealership, tell them your concerns, and make sure that they are fully documented in the repair orders. And if you end up in the unfortunate position of having to bring a lemon law claim, these records can be used by a CCA attorney to show that your vehicle was defective. For a free consultation, contact us at (833) LEMON-FIRM.