Sacramento Lemon Law Attorney
Bickel Sannipoli APC, Sacramento Lemon Law Attorneys
California’s Lemon Law, the Song-Beverly Consumer Warranty Act, is one of the strongest and most consumer-friendly state lemon laws in the United States. If your vehicle has a warrantable defect that the dealerships have been unable to repair, you may be entitled to a refund.
Bickel Sannipoli APC is a firm devoted exclusively to the prosecution of California lemon law cases. We are a statewide law firm, litigating lemon law cases for all California consumers, including the greater Sacramento area. If you are a Sacramento resident, your case will be filed and litigated locally in Sacramento Superior Court.
Qualifying for the California Lemon Law in Greater Sacramento
Generally, if a vehicle suffers from a defect covered under warranty, and the dealerships have been unable to repair the vehicle within a reasonable number of repair attempts, the manufacturer must repurchase the vehicle. The repurchase involves refunding the down payment and monthly payments less a credit to the manufacturer for the consumer’s use of the car before the defect was first reported for repair. The repurchase will also include a payoff of the outstanding vehicle loan or lease. As a part of our free consultation, we will itemize the recovery we will be seeking on your behalf before you agree to pursue your Sacramento lemon law claim.
It will cost you nothing out-of-pocket to hire our Sacramento lemon law attorneys to litigate your lemon law claim. We represent our clients on a contingency basis with the expectation of collecting our hourly fees and costs from the manufacturer at the conclusion of the settlement. If we don’t win, we’re not paid.
The Bickel Sannipoli Lemon Law Advantage in Sacramento
At Bickel Sannipoli APC, our civil practice concentrates exclusively on California lemon law cases. We are an experienced legal team that offers a number of key advantages to consumers residing in the Sacramento region and across the State of California:
- Skilled Legal Team. The attorneys at our firm are well-versed in California’s Lemon Law. We are experienced lemon law trial attorneys who have helped thousands of California consumers fight for lemon law relief since 2005.
- Responsive and Convenient. Our attorneys are committed to making the legal process as easy as possible for our clients. When you contact our firm, we will review your claim for free. We travel to Sacramento as needed for in-person court appearances or other litigation forums as needed.
- Devoted to our Clients. Our clients are our first priority. Our lawyers are devoted to protecting the legal rights of consumers who have purchased or leased a defective vehicle. We adhere to the highest legal standards and are committed to providing you with superior client service throughout the litigation process, including post-settlement.
- Thousands of Clients Represented. We have been prosecuting Song-Beverly cases in greater Sacramento since 2005, and we have litigated thousands of lemon law claims across California. Bickel Sannipoli has successfully prosecuted California lemon law cases against every major automobile manufacturer, and, although the great majority of our cases settle, we are prepared to go to trial when necessary.
- Efficient and Experienced Representation. We have extensive experience in Song-Beverly Act cases, and we routinely obtain vehicle repurchases for our clients. While the outcome of any particular case cannot ethically be guaranteed by any law firm, the vast majority of our cases settle, many soon after the legal complaint is filed.
Bickel Sannipoli’s Lemon Law Approach & History in Sacramento County
Brian J. Bickel established the firm (then called “Then Bickel Law Firm, Inc.”) in 2005 as a firm devoted exclusively to representing California consumers in auto lemon law claims. We filed our first lemon law claim in Sacramento Superior Court in April 2005, a case that settled for a statutory repurchase.
Lemon Law Trial Success in Sacramento Superior Court. After a years-long run of successful Sacramento lemon law settlements, Bickel Sannipoli APC finally had a Sacramento lemon law case go to trial in 2012. The case was Bettenhausen vs. Ford Motor Company, Sacramento Superior Court, Case No. 34-2010-00079192. (2012) The Honorable Gerrit Wood presiding. Ford was represented by Archer Norris. After a days-long jury trial, the jury found in the Bettenhausens’ favor, and Ford was ordered to repurchase the vehicle. Ford appealed the case, and Bickel Sannpoli APC successfully defeated Ford’s appeal.
A Superior Trial Reputation Leverages Favorable Settlements. Other successful trials followed in Sacramento County and throughout California. Bickel Sannipoli APC has effectively used its trial reputation as leverage in settlement negotiations with the carmakers. A defendant manufacturer is more likely to make larger and quicker settlement offers to a lemon law firm they respect. Because the manufacturers are responsible for the consumer’s attorney’s fees and costs on a prevailing claim, the manufacturers have great incentive to settle early with Bickel Sannipoli APC. For example, in the Bettenhausen case, Ford paid a total of over $400,000.00 cumulatively in plaintiffs’ fees and costs on a case in which Bickel Sannipoli APC had attempted to settle early in litigation for less than $4,800.00 in fees and costs - a demand which Ford Motor Company, no doubt, regretted rejecting. Today, Bickel Sannipoli APC continues to routinely litigate Song-Beverly lemon law cases in Sacramento County with great success.
Sacramento Lemon Law - The Lemon Lawsuit, Settlement, and Trial
Once you retain our office, we will prepare, file, and serve a legal complaint alleging violation of the Song-Beverly Act against the car manufacturer in Sacramento Superior Court. However, the filing of a lawsuit rarely means a lemon law case will go to trial. Many of our cases will settle shortly after service on the carmaker. Others will be litigated for months before they settle. Statistically, only a small percentage of our cases will proceed to trial.
Given the one-way fee shifting provision enumerated under California Civil Code § 1794(c), the manufacturers have a financial incentive to settle short of trial, and they usually do. That said, we are prepared to try your Sacramento lemon law case in the event the manufacturer is unwilling to settle. Dating back to Bickel Sannipoli’s founding in 2005, we’ve won trials in venues across California, including Sacramento County.
Attorney’s Fees Always on a Contingency Basis - We Are Only Paid If We Win
Under California Civil Code § 1794(c), the defendant manufacturer must pay a prevailing consumer’s attorney’s fees and court costs. This allows us to take all of our Song-Beverly cases on a contingency basis. With Bickel Sannipoli APC, no payment is required to start your Sacramento lemon law case. We are only paid if we win.
We also advance our clients’ court costs as a part of our contingency arrangement. Litigation requires payment of hard litigation costs such as court filing fees, court reporter fees, expert witness fees, and attorney traveling expenses. We advance all such court costs on our clients’ behalf in anticipation we will collect the costs from the manufacturer when we prevail. If we are unable to collect the court costs from the manufacturer for any reason, we will not turn to you for payment or reimbursement. We assume the risk.
Sacramento lemon law consultations are always free with Bickel Sannipoli APC. If we can take your case on, we will itemize the recovery we will be seeking on your behalf before you retain our office so you can make an informed decision as to whether you would like to move forward with your Sacramento lemon law claim.
Sacramento Lemon Law - How to Qualify
Generally, if your vehicle suffers from a warranty defect that the manufacturer or its dealerships have been unable to repair after a reasonable number of attempts, your vehicle may qualify.
The Vehicle Warranty. In order for lemon law protections to attach, the vehicle must have been covered by an express warranty, and the vehicle must have been presented for repair at least once within the warranty period. There is no requirement, however, that the warranty still apply when the lemon law claim is brought. The problem must be covered by the warranty - it cannot be caused by an accident, misuse, lack of maintenance, or general wear and tear.
A Reasonable Opportunity to Repair. In order to qualify for the California lemon law, the consumer must give the authorized dealerships a reasonable opportunity to repair the defect. What qualifies as a reasonable opportunity is subjective and varies with the case facts and the severity of the defect.
Types of Warranty Defects: The lemon law applies to a myriad of significant warranty defects. Some common examples include:
- Engine or “check engine” light
- Transmission
- Brakes
- Electrical
- Steering
- Suspension
- Supplemental restraint system
- Airbag warning lights
- Water leaks into the cabin
- Unusual noises
- Fit and trim defects
Purchased and Leased Vehicles. The lemon law attaches to both purchased and leased vehicles. Bickel Sannipoli APC will seek finance charges and loan or lease payoff as a part of your Sacramento lemon law recovery.
Free Case Review. Bickel Sannipoli APC will review your case as a part of our free consultation, and we will itemize your damages if we can help.
Bickel Sannipoli APC and the California Lemon Law in Sacramento
Bickel Sannipoli APC is committed to prosecuting California lemon law claims in greater Sacramento and across California. We are a team of skilled lawyers who have helped thousands of individuals in their Song-Beverly lemon law claims.
Exclusively Lemon Law. Bickel Sannipoli APC was founded by Attorney Brian J. Bickel in 2005 as a statewide firm devoted exclusively to California lemon law claims. Over the years, we have grown to a full team of legal professionals, and our Sacramento lemon law lawyers have considerable trial experience in Song-Beverly cases, including trying multiple California lemon law cases to consumer plaintiff’s verdicts, many including civil penalty damages under California Civil Code § 1794(c).
We limit our civil practice exclusively to handling California Lemon Law cases so we can provide the best, most specialized legal representation possible. We have decades of experience in Song-Beverly cases in Sacramento County. We know what to expect from the respective manufacturers and their counsel, and we get results.
About the California Lemon Law. The California Lemon Law protects consumers who have purchased or leased a vehicle with a defect that the dealership is unable to conform to the warranty. Arbitration is not required before filing a legal complaint in Sacramento Superior Court. The California Lemon Law provides a strong incentive for manufacturers to settle claims early because they are required to pay a prevailing consumer’s attorneys’ fees and court costs.
The Tanner Act. One of the most misunderstood sections of California’s Lemon Law is California Civil Code § 1793.22(b), the section known as the Tanner Consumer Protection Act. Auto manufacturers and dealerships often use the provisions of this section to confuse consumers by suggesting that purchasers and lessees must assert their Lemon Law rights within the first 18 months or 18,000 miles of use. The Tanner Consumer Protection Act begins:
“It shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle, whichever occurs first, one or more of the following occurs:”
“(1) The same [issue] results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven[, it] has been subject to repair two or more times by the manufacturer or its agents, and the buyer or lessee has at least once directly notified the manufacturer of the need for the repair[;]
“(2) The same [issue] has been subject to repair four or more times by the manufacturer or its agents and the buyer has at least once directly notified the manufacturer of the need for the repair[; or,]
“(3) The vehicle is out of service by reason of repair of [issues] by the manufacturer or its agents for a cumulative total of more than 30 calendar days since delivery of the vehicle to the buyer. . . .”
However, this does not mean that purchasers and lessees are required to take their vehicle in for repair within the first 18 months or 18,000 miles. Instead, it establishes a presumption that the purchaser or lessee has met one element of the Act if, within the first 18 months or 18,000 miles, the vehicle has been presented numerous times for repair or spent extended time in the shop.
Unfortunately, the Judicial Council of California Civil Jury Instruction CACI 3203 instruction for the Tanner Act 18 month/18,000-mile presumption is so convoluted that the Sacramento lemon law attorneys at Bickel Sannipoli APC rarely use it out of concern that it could confuse the jury. Still, any vehicle that has four warranty repair visits for the same defect that early in the warranty period often has a strong enough repair history that we can easily argue it meets the elements of the greater lemon law (CACI 3201) without even referencing the Tanner Act or the elements of CACI 3203.
Do not let the dealership or your vehicle’s manufacturer mislead you about your legal rights. Our Sacramento lemon law attorneys can tell you if you are entitled to have your vehicle replaced or repurchased under California’s Lemon Law.
Greater Sacramento. Located in the northern region of California’s Central Valley, Sacramento is the capital city of California. The U.S. Census Bureau estimates place the population of Sacramento County at 1,482,026. The California Department of Motor Vehicles recently estimated that there were 1,208,025 vehicles registered in Sacramento County – the equivalent of almost one vehicle being registered for each person living in the county.
Like most major cities in California, individuals who live and work in Sacramento rely heavily on their vehicles for day-to-day transportation. If you suspect your vehicle qualifies under the Song-Beverly Consumer Warranty Act, contact our office for a free consultation.
2 Easy Steps to If You Purchased a Lemon in Sacramento, CA
1. Collect Your Vehicle Purchase Contract and Service Records
In order to pursue a claim under California’s Lemon Law, a Sacramento lemon law lawyer at Bickel Sannipoli APC will need to review copies of your vehicle purchase or lease contract and service records you received when you delivered your vehicle for repair.
2. Call for a Free Initial Consultation about Your Lemon Law Claim
At Bickel Sannipoli APC, every case starts with a free, no-obligation consultation. With experience in thousands of Lemon Law claims, our Sacramento lemon law firm can quickly assess your rights and determine if you have a lemon. If we move forward as your lemon law counsel, we will take legal action on your behalf in Sacramento County Superior Court.
If you have a car, truck, van, SUV, or commercial vehicle that a dealer cannot fix despite a number of attempts, you may be eligible for relief under the California lemon law. To learn more, contact our legal team for a free consultation. Our lemon law lawyers review cases for consumers in Sacramento and all of California. Call us or submit online today to learn how we can help you pursue your rights under California’s Song-Beverly Consumer Warranty Act.