Plaintiffs file new lemon lawsuits under California’s lemon law almost every day of the week in California courts. It is estimated that more than 3,000 lemon lawsuits were filed in California courts in 2015, and that as many as 1 out of every 10 vehicles suffers from a mechanical issue that might qualify under the lemon law. Those lemon lawsuits typically allege that the car company was unable to repair a warranted defect in a reasonable number of repair attempts, and seek a monetary settlement of some amount or a refund of the purchase price. They also seek attorney’s fees and costs, and sometimes civil penalty damages. Many plaintiffs report trying to resolve their lemon law issue on their own, but being turned down or given the run around by their car company.
When a lemon lawsuit in California is filed, the car company usually has approximately thirty days to file its response. This is usually but not always an answer to the complaint that denies many of the allegations in the complaint. Sometimes it might seem like a lemon law claim is warranted, but a car company might discover a technical explanation or other reason explaining why the warranty was not breached. The answer is where the car company responds and lets you know of its affirmative defenses.
Usually in the first three months or so after a lemon lawsuit is filed, the Court will ask the lawyers to come in for a case management or status conference. This is when the court might set a trial date or refer the parties to mediation or some other form of alternative dispute resolution. Courts usually try to set trial dates no later than one year after the filing of the complaint if possible, but it is becoming more and more common to see trial dates set out eighteen months or longer. During this time both parties conduct written discovery. This can include interrogatories (written questions where responses are provided under oath), requests to produce documents (like your service and maintenance records and payment and insurance information), and requests for admission (requests to admit certain facts under oath). Lemon Law Aid’s goal is to resolve cases as soon as is practically possible, and where possible without ever having to file a lawsuit, but after years of experience handling lemon law cases we are 100% committed to trying cases when necessary.
The discovery process will also usually include an inspection of your car. This is where an automotive expert hired by your attorney and the car company’s representative, and often their attorneys, will spend several hours examining your car. This is where everybody usually gets a better idea about the allegations in the complaint and is able to gauge the condition of the vehicle. The discovery process usually, but not always, includes depositions as well. Depositions are when the plaintiff or other witnesses (perhaps the primary driver of the car or people who have witnessed the problems that make the car a lemon) are asked questions under oath and those questions and answers are recorded by a court reporter. The Plaintiff may also want to take the deposition of the car company or dealer representatives involved in the servicing or repair of your car.
If the parties cannot resolve their differences and a trial is required, the plaintiff and the car company and their lawyers usually empanel a jury on the court-appointed trial date (unless that date is continued, which it usually is), and spend a week or so presenting their evidence to the court and jury. After the close of evidence and closing arguments, a jury of twelve will usually decide if the service history has impacted the use, value and safety of your lemon. From inception to verdict, it is not unusual for a lemon lawsuit to take a year or more. This is one reason why the parties usually actively engage in settlement negotiations throughout the process in an effort to reach a negotiated resolution all parties can accept. The benefit of using Lemon Law Aid to handle your case is that we were founded by a defense attorney who has handled thousands of lemon law cases, and by someone who knows how best to aggressively represent your interests to resolve your lemon law claim as soon as possible. If trial is needed, however, Lemon Law Aid has years of experience, and the trial experience it takes, to represent your needs in court.
