- July 23, 2018
- Categories: Lemon Law
California Courts Uphold BMW Lemon Law
If you look through legal cases in recent years, you’ll see that judges and juries take California Lemon Law seriously and often rule in favor of consumers who bring these cases. That’s because California is a proactive, consumer-friendly state when it comes to holding manufacturers accountable for the quality and safety of their products.
BMW lemon law cases are no different. Although BMW has a reputation for being a luxury car with excellent engineering, that doesn’t mean defective BMWs don’t sometimes roll off the assembly line. Consumers who purchase BMWs are sometimes left in the lurch with vehicles that have defective brakes, electrical problems, faulty transmissions or engines, and a myriad of other types of problems. If this describes you, you may want to contact a BMW lemon law attorney at Neale & Fhima at 888-407-2955 to find out what your legal options are.
Under California’s Song-Beverly Consumer Warranty Act, you are legally entitled to a refund or vehicle replacement, at the manufacturer’s cost, if you have purchased a lemon. Our attorneys fight BMW to enforce the lemon law rights of our clients. California’s lemon law applies to both new and used vehicles and leased vehicles.
An Example of How BMW Loses a Lemon Law Case in California
BMW lost a lemon law case in Los Angeles in 2018, signaling a victory for the California lemon law that protects consumers against new vehicles with constant repair and reliability problems.
In the lemon law case, Joe Ruiz Sr. filed a lawsuit against BMW in 2015 for breach of implied warranty, as well as breach of express warranty under the state’s lemon law. Ruiz purchased a 2014 BMW 428i in 2014 that they said started having problems after purchase, including vehicle shaking, service lights coming on and fuel gauge problems. Ruiz claimed he requested that BMW buy back the car, as the law requires. But BMW declined to repurchase the car until it stopped in the middle of a busy highway.
A jury found in favor of Ruiz in January 2018 for the amount of $170,000. They determined that BMW had breached the warranty by not promptly buying back the car, and by providing an inaccurate mileage deduction when it was repurchased. Ruiz was awarded twice the amount in damages for civil penalties, as the jury found that BMW had done this in a willful manner.
BMW objected, stating that double civil penalties were excessive because the jury was biased against the company. BMW also filed an objection to the plaintiff’s motion for attorney’s fees. The company claimed that the case had been over-litigated and that the fees were excessive.
BMW filed a motion for a retrial that alleged excessive awards in the lemon law case. But this motion was denied in May 2018 in U.S. District Court for the Central District of California.
The judge on the lemon law case wrote a court order denying the motion for retrial and granting in part and denying in part the motion for attorney’s costs and fees. The court ended up striking $4,450 from the attorney’s fees award that it found were duplicate fees. Also, billable hours that were entered by one attorney for the plaintiff included a trial and conference he did not attend.
The court also denied a motion for Ruiz to receive prejudgment costs, noting that he did not provide sufficient evidence in an itemized statement for his costs. The judge noted that he could not figure out what the prejudgment costs were from the stack of receipts submitted in support of the lemon law application.
Consumer Victory in BMW Lemon Law Case Is Encouraging
This California lemon law case was clearly a victory for a plaintiff who had major reliability and safety problems with a new BMW. The lemon law is in place to ensure that consumers with new vehicles under warranty can be fairly compensated if they have problems with their car under warranty.
Do you have a vehicle that has or had regular repair problems while under the manufacturer’s warranty? If so. you may have a lemon vehicle. You may need the our lemon law attorneys.
Is Your BMW a Lemon?
Are you unsure whether you purchased a lemon? Here’s how you can tell. A “lemon” is a car, SUV, truck, motorcycle or other vehicle that is defective. Whether it’s non-working brakes, engine or transmission problems, or other mechanical or electrical problems, a lemon car does not functions correctly. Find out more in: Do You Have a Lemon?
If you have purchased or leased a BMW lemon, start collecting copies of your repair records and call a BMW lemon law attorney right away. When you hire Neale & Fhima, our BMW lemon law lawyers will help you take a look at your options so you can make an informed decision. Find out more in: What to Do if You Have a Lemon.
The Lemon Law in California stipulates that “nonconformities” must be present to have a successful claim. Nonconformities are defined as any defect or malfunction that is covered by the manufacturer’s original warranty and impairs the use, value or safety of the vehicle.
How Does BMW Lemon Law Buyback Work?
Under California’s Song-Beverly Consumer Warranty Act, you are entitled to a refund or vehicle replacement, at the manufacturer’s cost, if you have purchased a lemon.
Will BMW Buyback My Car?
Yes, if you have the proper warranty for your new or used car, if identified non-conformities exist, and if you can prove that you have made a reasonable number of attempts to have the vehicle fixed by a dealership or mechanic, then you can request that BMW buyback your defective vehicle and pay you a monetary refund.
Contact a BMW Lemon Law Attorney Today
Don’t get stuck with the headache of a defective BMW that requires repeated trips to the repair shop. Contact a BMW lemon law attorney today to find out whether you have a legal claim. If you do, our experienced and skilled BMW lemon law attorney can file a lawsuit on your behalf asking that the manufacturer replace the vehicle or refund your money. Call us today at 888-407-2955 for a free initial consultation.