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Consumer Lemon Law

How Defense Attorneys Kill Your California Lemon Law Claim

Defense attorneys and manufacturers, on their part, execute several defense strategies to try to kill California Lemon Law claims.

These tactics often involve questioning the substantiality of the defect, the number of repair attempts, and the adherence to procedural requirements.

Manufacturers may argue that the defect does not significantly impair the use, safety, or value of the vehicle, or that the consumer failed to provide adequate opportunity for repair.

We shed light on the intricacies of defense tactics employed by manufacturers and preparing consumers with the knowledge to assert their rights effectively.

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Lemon Law Defense Attorneys Table of Contents

Tactics Defense Attorneys Use To Win California Lemon Law Claims

Defense attorneys for vehicle manufacturers understand the challenges their clients face when Lemon owners file Lemon Law claims against them in California. Although many claims are warranted, attorneys look to filter out lemon claims that do not satisfy the law or are suspect. 

Below are some strategies used by attorneys questioning the strength of the claim. 

Questioning the Defect's Substantiality

Defense attorneys may argue that the defect does not significantly impair the vehicle's use, value, or safety, thus not meeting the criteria for a lemon law claim.

Repair Opportunity

They could assert that the manufacturer was not given a reasonable number of attempts to fix the defect, a cornerstone requirement of the lemon law.

Usage Beyond the Lemon Law Parameters

Another common defense is that the issues arose after the warranty expired or are due to unauthorized modifications by the consumer.

Procedural Discrepancies

Defense teams scrutinize the claimant's adherence to procedural requirements, such as timely notifications and appropriate documentation, looking for any lapses that could invalidate the claim.

How Defense Attorneys Can Undermine Your California Lemon Law Case

Defense attorneys understand the assignment, they need to poke holes at your Lemon Law claim and create doubts about the existence of the vehicle defect and if the Lemon Law was followed to the letter. When those strategies don’t work, there are additional tactics they use, such as:

Delaying Tactics

Defense attorneys often employ delay tactics to frustrate plaintiffs and prolong the legal process. They may file numerous motions, seek continuances, or request additional time for discovery. These tactics can drain your resources and test your patience, potentially leading to settling for a lesser compensation or even dropping the case altogether.

Intimidation and Psychological Pressure

Defense attorneys may use intimidation and psychological pressure to weaken your case. They might attempt to make you doubt the strength of your claim or question your credibility as a witness. By creating a hostile environment, they hope to undermine your confidence and force you into accepting a less favorable settlement.

Shifting the Burden of Proof

In lemon law cases, the burden of proof is typically on the plaintiff to establish the vehicle's defects and their substantial impairment. Defense attorneys may attempt to shift this burden by demanding extensive evidence or claiming that you failed to meet your burden of proof. This tactic aims to create doubt and make it more challenging for you to prevail in your claim.

Empowering Consumers Against Defense Attorneys

For consumers, the key to successfully navigating lemon law claims lies in meticulous documentation and an understanding of their legal rights. It is essential to document every repair attempt and communication with the manufacturer.

Pairing up with a Lemon Law attorney in California who understands the process will provide invaluable guidance, and well-prepared to face potential defense tactics.

Call us for a free consultation and we will pair you up with a Lemon Law attorney near you. 

Lemon Law criteria

Lemon Law Defense Attorney Tactics FAQs

Defense attorneys can significantly impact lemon law claims in California by employing a range of strategies to challenge the validity of a consumer’s claim. These strategies include questioning the severity of the defect, disputing the number of repair attempts, or arguing that the defect does not substantially impair the vehicle’s use, value, or safety.

Common defense tactics include asserting that the consumer did not provide the manufacturer with a reasonable number of attempts to repair the vehicle, the issue does not qualify under the lemon law’s definition of a substantial defect, or the claim was not filed within the appropriate timeframe.

While defense attorneys can challenge lemon law claims, they cannot unilaterally dismiss them. The outcome of a claim will ultimately be decided by the court or through negotiation. It’s crucial for consumers to have experienced legal representation to counter defense strategies effectively.

This expression may refer to the aggressive tactics used by some defense attorneys to undermine lemon law claims, potentially discouraging consumers from pursuing their rights. However, with knowledgeable legal support, consumers can navigate these challenges and pursue a fair resolution to their lemon law claims.

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