Legal Question in Consumer Law in California

Re: Lemon Law Questions

The matter should be handled as other civil suits, i.e., contact with the potential defendant (s)in hope of a speedy and equitable settlement. If that is unsuccessful the filing of a lawsuit is necessary. Call me directly at (619) 222-3504.

Re: Lemon Law Questions

The answer to both of your questions is it depends.

First if it is a vehicle covered by the "lemon law" and the manufacturer has previously agreed to do so, you can chose to arbitrate your dispute with the Better Business Bureau's AutoLine program. You can get more information and file a claim by visiting the BBB's website at http://www.bbb.org/autoline. If you go that route, your case will take approximately 40 days from start to finish, and you will receive the arbitrator's decision and reasons for decision shortly thereafter (the arbitrator has 3 business days to render its decision and the BBB mails a copy to the consumer and the manufacturer). This may be the best way to go because if the arbitrator renders a decision you are willing to accept, the manufacturer is bound by that decision. At the same time, you lose nothing because if you get a decision you don't like, you can always choose to sue the manufacturer.

If you sue the manufacturer, the case proceeds the way any other civil suit proceeds (which would be very difficuly to explain in any great detail on this bulletin board). In essence you would file a complaint with a court, the manufacturer will likely answer your complaint within 30 days of being served with the complain. You will then go through what is referred to as a discovery phase (meaning you and the manufacturer will ask each other written questions, ask for copies of documents, and possibly be called upon to give tetimony by way of oral deposition). At some point you will likely be required to attend a mandatory settlement conference and eventually a trial will occur. You can potentially "settle" the case anytime before the case is submitted.

Once the case has been submitted, it is unlikely that the judge that hears the case will make an immediate decision, although an immediate decision is possible. A lawsuit can take up to 18 months or more to complete from the time of the filing of the complaint until a trial is completed, depending upon the theories of recovery advanced by the plaintiff.