Tustin Lemon Law

Tustin is in Orange County, so Song-Beverly Consumer Warranty Act cases are filed in the Orange County Superior Court. Complex civil cases against vehicle manufacturers are typically assigned to the Civil Complex Center at 751 W. Santa Ana Boulevard in Santa Ana, while non-complex cases may be heard at the Central Justice Center. Your attorney will determine the correct department based on case value, manufacturer, and case management orders applicable to Song-Beverly cases in OC.

For Song-Beverly purposes, no. The lemon law claim runs against the manufacturer, not the dealer, so the relevant question is whether you bought or leased a vehicle with a written manufacturer's warranty in California and whether the manufacturer failed to repair after a reasonable number of attempts. Repair records from any authorized dealer in California — Tustin, Irvine, Santa Ana, or anywhere else — count toward the Tanner Act presumption of four attempts within 18 months or 18,000 miles.

Cal. Civ. Code 1793.22(b) creates a rebuttable presumption that a reasonable number of attempts has been made if, within 18 months from delivery or 18,000 miles (whichever is first), the same nonconformity has been subject to four or more repair attempts, the same nonconformity has been subject to two or more attempts for a defect likely to cause death or serious bodily injury, or the vehicle has been out of service for repair for more than 30 cumulative days. Tustin drivers who fall outside those numbers can still prove a reasonable number of attempts as a question of fact.

If the defect substantially impairs the use, value, or safety of the vehicle and the manufacturer cannot repair it within a reasonable number of attempts, then yes. Phantom braking, lane-keep faults, and adaptive cruise malfunctions are some of the most common ADAS-related Song-Beverly claims we see in Orange County. Save every service-mode log, dealer repair order, and any video recordings — they are central evidence that the defect persists despite the manufacturer's repair attempts.

Under Cal. Civ. Code 1793.2(d)(2)(C), the manufacturer's refund is reduced by a 'use offset' equal to (purchase price x miles driven before the first repair attempt for the nonconformity) divided by 120,000. So if you bought a vehicle for $48,000 and had 6,000 miles when you first took it in for the defect, the offset would be ($48,000 x 6,000) / 120,000 = $2,400. The remaining refund includes taxes, license, registration, finance charges, and incidental damages.

Yes. Cal. Civ. Code 1791(g) defines 'buyer' to include a lessee under a retail lease of consumer goods, so Tustin lessees of new motor vehicles have full Song-Beverly remedies. For leases, remedies typically include termination of the lease, refund of monthly payments, refund of the capitalized cost reduction and official fees, and manufacturer payoff of the residual to the lessor. The mileage offset under Cal. Civ. Code 1793.2(d)(2)(C) still applies to leased vehicles.

Yes. Cal. Civ. Code 1794(d) requires the manufacturer to pay the prevailing consumer's reasonable attorneys' fees, costs, and expenses. This is why nearly all California lemon law attorneys take Song-Beverly cases on contingency: the consumer typically pays nothing out of pocket, and the manufacturer pays both the recovery and the attorneys' fees if you prevail. Make sure your fee agreement clearly explains how Cal. Civ. Code 1794(d) fees are handled relative to any contingency.