Jacob Adam Regar
Jacob Adam Regar, Lemon Law Attorney - Encino, CA
Posted over 2 years ago.

I agree with your suggestion for small claims court.

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Asker
Posted over 2 years ago.

yes, could do small claims, but was thinking this was a fair and just opportunity for an Atty.
Consumer Legal Remedies Act, California Civil Code §1770, were committed in this transaction: CC1770 (a) (2), (5), (6), (7), (9), (14), and (16) .
This Act allows for attorney’s fees to be awarded to a prevailing Plaintiff.

other violations of the law, including, but not limited to, violations of the Song-Beverley Consumer Warranty Act (California Civil Code section 1790 et. seq. also allows for attorney fees to the Plaintiff), breach of contract, and violations of the Unfair Competition Law (Business and Professions Code § 17200 et.seq.).
which is why i mentioned contingency.

Frank Wei-Hong Chen
Frank Wei-Hong Chen, Litigation Lawyer - San Marino, CA
Posted over 2 years ago.

Song-Beverly is the California lemon law for vehicles.

Bus. & Prof. Code 17200 won't get you monetary damages, only injunctive relief and disgorgement of profits.

Jacob Adam Regar
Jacob Adam Regar, Lemon Law Attorney - Encino, CA
Posted over 2 years ago.

Mr. Chen,

I was reading an interesting article about the application of CA's lemon law to all consumer goods sold for personal use. I may be mistaken and I certainly do not wish to
confuse the Asker but aren't there occasions when computers can fall under the lemon law's protection? Just curious.

Frank Wei-Hong Chen
Frank Wei-Hong Chen, Litigation Lawyer - San Marino, CA
Posted over 2 years ago.

Yes, that is technically correct. The California Lemon Law, (part of The Song-Beverly Consumer Warranty Act), applies to all consumer products purchased for personal use. Although it is most often associated with defective motor vehicles, the Song-Beverly Act provides warranty protections to purchasers and lessees of both new and used consumer goods. To qualify under the California Lemon Law or the Magnuson-Moss Warranty Act (the federal Lemon Law), the consumer must generally have a product that suffered multiple repair attempts under the manufacturer’s factory warranty.

Jacob Adam Regar
Jacob Adam Regar, Lemon Law Attorney - Encino, CA
Posted over 2 years ago.

Thank you for the clarification.