San Diego Lemon Law Attorney
Bickel Sannipoli APC, A Lemon Law Firm of California
701 B Street, San Diego, California, 92101
Suite 1200
Phone Number: 619-374-4100
Bickel Sannipoli APC, San Diego Lemon Law Attorneys
Bickel Sannipoli APC focuses its practice exclusively on California lemon law claims. We are a San Diego-based lemon law firm representing consumers statewide. Our San Diego lemon law attorneys prosecute and resolve lemon law cases on behalf of consumers throughout San Diego County and the entire State of California. We are a diligent team of attorneys with an extensive understanding of the Song-Beverly Consumer Warranty Act (California’s lemon law), and we have helped thousands of California consumers receive lemon law relief. By limiting our civil practice to California lemon law cases, we are able to offer our clients a number of key benefits:
- Extensive knowledge - Our attorneys know the ins and outs of California’s lemon law, and we keep up to date with new court decisions that may impact your legal rights and remedies.
- Exclusive focus - Unlike other law firms, we focus solely on representing individual consumers in California lemon law claims. As a result, we are able to handle our clients’ cases efficiently and with a comprehensive understanding of the factual and legal issues involved.
- Statewide representation - While our primary office is located in downtown San Diego, we represent clients throughout California, including less populated and rural areas where experienced California lemon law attorneys may not otherwise be easily accessible.
- Exceptional client service - We are committed to the highest ethical standards and are driven to provide exceptional client service from the initial consultation to the conclusion of your case.
- Trial-tested strategies – Also, unlike many other law firms, we are not hesitant to take our clients’ cases to trial. We will work diligently to negotiate a quick settlement, but if necessary, we are prepared to go to trial.
If you are frustrated with your vehicle, we encourage you to contact our office to discuss your California lemon law claim so that we can assess your case. Consultations are always free.
Trial Victories in San Diego: Although the overwhelming majority of our firm’s lemon law cases settle short of trial, including hundreds of favorable settlements for San Diego consumers, our attorneys have significant trial experience and are ready to try cases when the manufacturers are unwilling to make a reasonable offer to settle.
Winning Lemon Law Cases in San Diego Since 2005: Some of our Plaintiff’s verdicts in San Diego County through the years include the following:
- Cauchon vs. Forest River, Inc. San Diego Superior Court, Case No. GIC 868626. (2008). The Honorable Yuri Hofmann presiding. The Cauchon trial involved a motorhome that suffered a series of defects to its air conditioning, leveling jacks, and electrical system, among other problems. The matter was tried by Bickel Sannipoli’s trial lawyers against the San Diego branch of Musick Peeler & Garrett, a firm of over one hundred attorneys that defended Forest River, Inc. Notwithstanding the resources of Musick Peeler and Forest River, a subsidiary of Warren Buffet’s Berkshire Hathaway, the jury found in the Cauchons’ favor. The verdict was for a full repurchase of the Cauchons’ motorhome and over $30,000 in additional civil penalty damages for Forest River’s willful failure to follow its obligations under the Song-Beverly Act.
- Lozano vs. BMW of North America, LLC, San Diego Superior Court, Case No. 37-2010-00098133. (2012). The Honorable Judith Hayes presiding. The Lozano trial involved a failure of a BMW 1 Series’ power windows to function properly. Because the problem was intermittent and BMW saw the defect as insubstantial, BMW refused to make any reasonable offers to settle through the course of litigation. Bickel Sannipoli APC’s San Diego lemon law attorneys tried the case against BMW’s counsel, the Lehrman Law Group, based out of Los Angeles. After a very quick deliberation, the San Diego jury rendered a verdict in Mr. Lozano’s favor, not only awarding a statutory buy-back of his BMW but also levying the maximum allowable civil penalty, which in this case exceeded $70,000, against BMW for its willful failure to comply with the California lemon law.
- PrecisionMed, Inc. vs. Mercedes-Benz USA, LLC. San Diego Superior Court, Case No. 37-2013-00049141-CU-BC-CTL. (2015) The Honorable Katherine Bacal presiding. Mercedes-Benz was represented by Universal, Shannon & Wheeler. PrecisionMed, Inc. was represented by the San Diego lemon law attorneys at Bickel Sannipoli APC. The case involved a 2013 Mercedes-Benz SL63 with a defect to its steering wheel column. The jury rendered a Plaintiff’s verdict and ordered Mercedes-Benz to pay $171,213.75 in restitution to Plaintiff PrecisionMed, Inc.
- Capil vs. Ford Motor Company. San Diego Superior Court - Hall of Justice, Case No. 37-2017-00049356-CU-BC-CTL. (2022). The Honorable Kenneth Medel presiding. Nationwide law firm, Lewis Brisbois Bisgaard & Smith LLP, defended Ford Motor Company in the trial. Bickel Sannipoli APC represented the Capils. The case involved the Capils’ 2015 Ford Escape vehicle, which suffered from a defect that caused the vehicle’s rear trunk to open while being driven and not be securely closed when the vehicle was unattended. After careful deliberations, the jury ordered Ford Motor Company to repurchase the Capils’ truck and pay the maximum allowable civil penalty to the Capils for Ford’s proven willful failure to comply with the Song-Beverly Consumer Warranty Act. The total judgment for the Capils, including the repurchase award and full civil penalty damages, was over $98,000.00.
About Bickel Sannipoli APC
Bickel Sannipoli APC was founded by Attorney Brian J. Bickel. Attorney Bickel has dedicated his entire legal career to prosecuting and resolving California lemon law Claims. When attorney Jordan Sannipoli was made partner in 2021, we changed our name from The Bickel Law Firm, Inc. to Bickel Sannipoli APC. Having now grown to a team of attorneys and other professional staff members, we take a comprehensive and efficient approach to resolving the complex issues and challenges that can arise in lemon law claims. If you have purchased a vehicle that turned out to be a lemon, our legal team will work with you to help you receive the compensation and relief you deserve.
Strategic Advantage
With offices in San Diego, Los Angeles and San Francisco, Bickel Sannipoli APC is pleased to offer lemon law services to residents situated throughout the entire State of California. While our San Diego office is our primary location, our firm’s structure allows us to provide services to consumers in all California locations, including small towns and rural areas that are distant from California’s major cities.
In most cases, a face-to-face meeting will not be necessary to pursue your claim. Should your case require us to meet with you in person, a lemon law lawyer from our San Diego office will make the arrangements to travel to your location at no cost to you. Furthermore, if a lawsuit becomes necessary, we will file and litigate your case in a county court that is more local to you.
We have three office locations throughout California, including our headquarters in San Diego. As a result, whether you live or work downtown, in the North County area or in any other area of California, we can represent you – including taking your case to trial, if necessary.
About California Lemon Law
California’s lemon law is one of the most effective lemon laws in the nation. California does not require a specific number of repair visits before a consumer can file a claim. Furthermore, the California lemon law does not limit its relief to consumers who experience defects within set mileage or time periods. In most situations, if a car is still under the manufacturer’s warranty when the problem is first reported, you may qualify under the California lemon law, provided the dealerships and manufacturer have been given a reasonable number of opportunities to repair your car.
With regard to eligibility for legal relief, California Civil Code § 1793.2(d) states in pertinent part: “If the manufacturer or [dealership] is unable to service or repair a new motor vehicle. . . to conform to the applicable express warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle . . . [or] make restitution to the buyer. . . . [T]he buyer shall be free to elect restitution in lieu of replacement, and in no event shall the buyer be required by the manufacturer to accept a replacement vehicle.”
With regard to a suitable replacement vehicle, California’s lemon law states:
“[T]the manufacturer shall replace the buyer’s vehicle with a new motor vehicle substantially identical to the vehicle replaced. The replacement vehicle shall be accompanied by all express and implied warranties that normally accompany new motor vehicles of that specific kind. . . .”
Regarding the option for the owner of a defective vehicle to elect for restitution, California’s lemon law states:
“[T]he manufacturer shall make restitution in an amount equal to the actual price paid or payable by the buyer, including any charges for transportation and manufacturer-installed options . . . and including any collateral charges such as sales or use tax, license fees, registration fees, and other official fees.”
Additionally, regardless of whether you choose to receive a replacement vehicle or accept restitution, you are also entitled to compensation for “reasonable repair, towing, and rental car costs actually incurred,” as well as any other incidental and consequential damages.
Qualifying Under the California Lemon Law
To qualify under the lemon law, the car must have been purchased in California, and it must have had a defect that impairs the vehicle’s use, safety or value to the consumer. That can include a wide range of defects, from malfunctioning seatbelts and airbags to engine, transmission and suspension problems, anything that impairs the vehicle’s use, value, or safety. The defect must be covered by the manufacturer's warranty; it cannot be the result of an accident, misuse, lack of maintenance or general wear and tear.
In addition, the manufacturer must have been given a reasonable opportunity to repair the vehicle. Under the law, there is no specific number of repair requests or attempts that must be made. Instead, reasonableness depends largely on the situation. Our San Diego lemon law attorneys have found that as few as one or two dealership visits may qualify if the vehicle has spent excessive time, over 30 days, in the shop undergoing warranty repair.
What Documentation Do I Need?
We can discuss the documentation needed during your consultation. Generally, your purchase or lease contract and repair orders will be the most important document we’ll need to start your case. Your repair records are excellent evidence in a lemon law claim as they are drafted by the manufacturer’s own dealerships and memorialize your complaints, what the dealership found in its diagnosis, and what warranty repair, if any, was performed. The repair records will often also memorialize when a technical service bulletin was performed; technical service bulletins are good evidence that the defect is widespread for a given year, make, and model. Having good repair records will help you start your San Diego lemon law claim and help to ensure that an auto manufacturer is held accountable.
As a part of your free consultation, a San Diego lemon law lawyer will review your paperwork. Oftentimes, our attorney can complete a case review the same day the paperwork is submitted. Copies of written communications with the manufacturer or its dealerships or any personal notes you’ve taken are also helpful. As a part of the intake and case review process, a San Diego lemon law attorney at Bickel Sannipoli APC will itemize the restitution recovery we will be seeking on your behalf before filing the complaint. This way, you can know the dollar amount we’re seeking to recover for you from the outset.
7 Key Facts a California Lemon Law Attorney Can Help You With
1. You are Not Limited to Pursuing a Claim During the First 18 Months or 18,000 Miles of Use.
There is a common misconception – perpetuated by many auto manufacturers and car dealerships – that California’s lemon law only applies if you had your vehicle for less than 18 months and had driven it less than 18,000 miles the first time you took it in for repair. But, the truth is that you may be able to pursue a lemon law claim so long as you first reported the problem when the vehicle was covered under the manufacturer's warranty - even if it is no longer covered by the warranty today. The lemon law’s 18-month/18,000-mile provision, enumerated under California Civil Code § 1793.22(b), simply establishes a presumption that you have provided the dealership a “reasonable” number of attempts to repair your vehicle under various circumstances. Even for vehicles that do qualify under § 1793.22(b), we rarely use the corresponding jury instruction (CACI 3203) in trial as it’s a poorly worded instruction that risks confusing San Diego juries.
2. It Costs Nothing Out of Pocket to Hire Our Firm to Represent You.
When you retain the lemon law attorneys at Bickel Sannipoli APC to represent you, you will not pay anything to initiate your case. We advance your court costs and attorneys’ fees with the anticipation that they will be paid by the manufacturer at the successful resolution of the claim under California Civil Code § 1794(d), the California lemon law’s one-way fee shifting provision. We represent all clients on a contingency basis. That is, we are only paid if and when we obtain a recovery for you.
3. California’s lemon law Applies to All Types of Motor Vehicles.
California’s lemon law does not just apply to new cars. It also applies to trucks, vans, SUVs, crossovers, and even some commercial vehicles.
4. California’s lemon law Applies to Purchased, Financed and Leased Vehicles.
Similarly, you can pursue a claim under California’s lemon law regardless of whether you financed your new vehicle, leased it or purchased it outright. On a meritorious claim, you will be entitled to a refund of your down payment and monthly payments you have made to date, less a credit to the manufacturer for your use before the problem was reported, and you will be entitled to have your outstanding loan balance paid in full. As a part of the intake process, we will tell you the recovery we will be seeking on your behalf.
5. Most of Bickel Sannipoli’s San Diego Lemon Law Claims Settle.
While a claim under California’s lemon law is a formal legal proceeding, most claims settle well before trial. Since the auto manufacturers have to pay not only their own lawyers, but potentially yours as well, they have a strong incentive to settle valid claims rather than taking them to trial. That said, a small percentage of cases will proceed to trial, and we are willing to try your case if necessary.
6. A Manufacturer Cannot Force You To Take a Replacement Vehicle Instead of Issuing a Refund.
For vehicles that qualify under the California lemon law, the manufacturer must repurchase the vehicle. A vehicle cannot force a replacement vehicle on a consumer instead of issuing the repurchase. This is clearly enumerated under California Civil Code § 1793.2(d). If you have been dealing with the dealership or manufacturer directly and they are trying to force you to accept a replacement vehicle, you should speak with a San Diego lemon law attorney at Bickel Sannipoli APC about your legal rights.
7. Hiring an Experienced Attorney Can Significantly Increase Your Chances of Success and the Amount of Your Recovery.
Due to the complexities of California’s lemon law, as well as the fact that auto manufacturers hire big defense firms to represent them, hiring an experienced attorney can significantly increase your chances of success. At Bickel Sannipoli APC, we have represented thousands of clients in lemon law claims in San Diego County and throughout California. We can help you secure the legal relief you deserve.
Bickel Sannipoli APC, San Diego Lemon Law Lawyers
The California lemon law provides San Diego consumers with very strong legal rights and protections. A San Diego lemon law attorney at Bickel Sannipoli APC can help you through the process. We are seasoned attorneys who focus exclusively on lemon law cases and have a long track record of successful results.
Bickel Sannipoli APC’s primary law office is centrally located in downtown San Diego. As California’s second-largest city, San Diego’s population was estimated at more than 1.3 million by the U.S. Census Bureau in 2013, with the population of San Diego County exceeding 3.2 million residents. The California Department of Motor Vehicles estimates that approximately 2.7 million vehicles were registered in San Diego County in 2013. We represent purchasers and lessees of cars, trucks, vans, SUVs, and other motor vehicles throughout San Diego County.
Call Us for a Free Initial Consultation With An Experienced San Diego Lemon Law Attorney
If you have a vehicle that has not been repaired after a reasonable number of attempts, you may be entitled to lemon law relief. We encourage you to contact our office for a free consultation today. Our legal team will review your case and explain how a San Diego lemon law attorney at Bickel Sannipoli APC may be able to help. Call us at call (888) 800-1983 between 8am and 6pm or submit online. We will typically be in touch the same or the following business day after receiving an online contact submission.
