San Francisco Lemon Law

Civil cases for San Francisco County residents are filed at the San Francisco Superior Court Civic Center Courthouse at 400 McAllister Street. Both limited civil cases (up to $35,000) and unlimited civil cases (most repurchase and civil-penalty claims) file there. Venue is proper where the sales contract was signed, where the vehicle was delivered, or where the manufacturer does business in the county. Even SF residents who bought across the Bay Bridge in Alameda County can typically establish venue in SF if the manufacturer has authorized service points in the city, which all major brands do.

Yes. Song-Beverly applies to any new or used motor vehicle sold or leased in California with a written manufacturer's warranty. The county of purchase affects venue, not coverage. As a San Francisco resident, you can usually file in San Francisco Superior Court because the manufacturer maintains authorized service operations in San Francisco County, or you can choose the county of purchase. The four-year statute of limitations under Cal. Com. Code 2725 and the Tanner Act presumption apply identically regardless of which Bay Area county the dealer is in.

Hill-related brake fade, transmission shift flares, hill-hold failures, parking-brake faults, and EV regenerative-braking complaints are common in SF and qualify as Song-Beverly nonconformities when they recur after manufacturer repair attempts. The standard is whether the defect 'substantially impairs the use, value, or safety' of the vehicle (Cal. Civ. Code 1793.22(e)(1)). A car that cannot reliably hold itself on a Pacific Heights grade or that suffers repeated parking-brake faults near Coit Tower clearly meets that standard, even if the manufacturer's lab cannot replicate the issue.

Often yes, but with nuance. Song-Beverly's consumer-warranty protections apply to vehicles purchased primarily for personal, family, or household use, and also to small business buyers with five or fewer vehicles registered to the business. Rideshare drivers who own one or two personal vehicles and use them for TNC work typically still qualify, though manufacturers occasionally argue 'commercial use' to try to defeat coverage. Magnuson-Moss federal claims and the Consumer Legal Remedies Act may provide overlapping protection. Document personal use for commuting, errands, and family transport in addition to rideshare time.

Yes. Cal. Civ. Code 1791(g) defines 'buyer' to include lessees, and Song-Beverly remedies extend to most SF-area new-vehicle leases. A successful claim returns your monthly payments, capitalized cost reduction, and official fees, and requires the manufacturer to pay off the lessor's residual. The use offset under Cal. Civ. Code 1793.2(d)(2)(C) still applies based on miles driven before the first failed repair. For Tesla leases through Tesla Lease Trust, the manufacturer remains the proper defendant and is responsible for refunding the consumer and clearing the lease.

Parts backorders generally do not excuse the manufacturer's obligations. Cal. Civ. Code 1793.2(b) requires the manufacturer to complete warranty service within 30 days unless delay is caused by conditions truly beyond their control. The Tanner Act's 30-day cumulative out-of-service threshold (Cal. Civ. Code 1793.22(b)(3)) accumulates whenever the car is at the dealer or awaiting parts, regardless of fault. SF and Bay Area dealers commonly cite multi-week parts waits for EV battery packs, MCU units, and German turbo components; that lost-use time strengthens your claim rather than defeating it.

No. Cal. Civ. Code 1794(d) requires the manufacturer to pay the prevailing consumer's reasonable attorneys' fees, costs, and expenses. Virtually all Bay Area lemon-law firms work on contingency, meaning you pay nothing out of pocket and the firm collects its fees from the manufacturer at settlement or judgment. Your full refund, replacement, or civil penalty stays with you. This fee-shifting provision is the reason most contested San Francisco cases settle before trial; manufacturers face escalating attorney-fee exposure that often exceeds the underlying refund the longer the case goes on.