CAN I GET CALIFORNIA LEMON LAW PROTECTION FOR MY DEFECTIVE BIG TRUCK THAT I USE IN MY BUSINESS?…

Today there is a heated debate over this question in California court rooms. Manufacturers insist the answer is “no.” Consumer protection specialists and lemon law lawyers shout the answer is “YES!!”

Many believed that the question was answered years ago when the very powerful California Lemon Law was amended to include coverage for businesses with 5 or fewer vehicles registered to it in the State of California and the defective vehicle weighed less than 10,000 lbs. Senator Sher introduced SB 1718 to amend the Lemon Law in part to provide this protection to small businesses. The bill garnered extensive support by consumer groups such as CARS (Consumers for Auto Reliability and Safety) which sponsored the bill, labor and small business organizations, the attorney general Bill Lockyear, auto safety organizations, AAA and numerous other groups.

The source of the support was largely due to the protection that small businesses would now have under the amended lemon law if the business had fewer than 5 vehicles registered to it.

Several manufacturers however, have recently successfully claimed that the law does not apply to vehicles that “weigh” less than 10,000 lbs, but rather only those that have a gross vehicle weight “rating” of less than 10,000 lbs. A gross vehicle weight rating is the weight of the vehicle PLUS fuel, passengers, cargo, and trailer tongue weight.

Unfortunately for consumers, it’s a big difference. The flower shop that uses a van for deliveries, a carpet business that uses a super duty truck to haul product and samples, a plumber with a small flatbed, construction workers, all may lose protection if their truck or van becomes a lemon. Gross vehicle weight ratings for these types of vehicles are typically over 10,000 lbs., but the vehicle’s actual weight may not be.

I handled a case recently in which this very argument was made by the manufacturer in a comprehensive motion for summary judgment. The trial court, however, ruled in our favor stating that it would add the word “rating” into the lemon law. I will be happy to share my briefs with anyone facing this issue, because there is no doubt in my mind the trial court in my case correctly ruled on the issue. If you have questions regarding California lemon law or automobile fraud contact my law office toll free at 877-348-1152 or visit our website.

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John & Nicki T. (Oceanside) – 2011 Hyundai Sonata
Result: FULL REFUND

Rick B. (Escondido) – 2010 Husqvarna TE450 (motorcycle)
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Kirtlye J. (Cardiff) – 2007 Jeep Wrangler X
Result: FULL REFUND

Jessica V. (Hollister) – 2006 Volvo S40
Result: CASH SETTLEMENT & KEEP VEHICLE

Tammy C.M. & Paul M. (Arroyo Grande) – 2007 Saturn Aura
Result: CASH SETTLEMENT & KEEP VEHICLE

Monty C. (Riverside) – 2007 BMW 335i
Result: FULL REFUND

Ralph G. (Hacienda Heights) – 2009 Hyundai Accent
Result: FULL REFUND

Bradford W. (La Canada) – 2011 Hyundai Sonata
Result: CASH SETTLEMENT & KEEP VEHICLE

Dan G. (Oxnard) -2011 Chrysler 200
Result: FULL REFUND

Steve T. (Petaluma) 2010 BMW X5M
Result: FULL REFUND
v

Greg P. (Crestline) – 2002 Ford Explorer
Result: CASH SETTLEMENT & KEEP VEHICLE

Robert & Anna F. (Indio) – 2003 Forest River T23 FBS (travel trailer)
Result: FULL REFUND

And Thousands More…
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Business Vehicles: Debate Over Weight

CAN I GET CALIFORNIA LEMON LAW PROTECTION FOR MY DEFECTIVE BIG TRUCK THAT I USE IN MY BUSINESS?…

Today there is a heated debate over this question in California court rooms. Manufacturers insist the answer is “no.” Consumer protection specialists and lemon law lawyers shout the answer is “YES!!”

Many believed that the question was answered years ago when the very powerful California Lemon Law was amended to include coverage for businesses with 5 or fewer vehicles registered to it in the State of California and the defective vehicle weighed less than 10,000 lbs. Senator Sher introduced SB 1718 to amend the Lemon Law in part to provide this protection to small businesses. The bill garnered extensive support by consumer groups such as CARS (Consumers for Auto Reliability and Safety) which sponsored the bill, labor and small business organizations, the attorney general Bill Lockyear, auto safety organizations, AAA and numerous other groups.

The source of the support was largely due to the protection that small businesses would now have under the amended lemon law if the business had fewer than 5 vehicles registered to it.

Several manufacturers however, have recently successfully claimed that the law does not apply to vehicles that “weigh” less than 10,000 lbs, but rather only those that have a gross vehicle weight “rating” of less than 10,000 lbs. A gross vehicle weight rating is the weight of the vehicle PLUS fuel, passengers, cargo, and trailer tongue weight.

Unfortunately for consumers, it’s a big difference. The flower shop that uses a van for deliveries, a carpet business that uses a super duty truck to haul product and samples, a plumber with a small flatbed, construction workers, all may lose protection if their truck or van becomes a lemon. Gross vehicle weight ratings for these types of vehicles are typically over 10,000 lbs., but the vehicle’s actual weight may not be.

I handled a case recently in which this very argument was made by the manufacturer in a comprehensive motion for summary judgment. The trial court, however, ruled in our favor stating that it would add the word “rating” into the lemon law. I will be happy to share my briefs with anyone facing this issue, because there is no doubt in my mind the trial court in my case correctly ruled on the issue. If you have questions regarding California lemon law or automobile fraud contact my law office toll free at 877-348-1152 or visit our website.

Consultations are always free.