San Jose Lemon Law Attorneys

The Song-Beverly Consumer Warranty Act covers any new or used vehicle sold or leased in California with a manufacturer's warranty, including vehicles purchased in San Jose, Santa Clara, Sunnyvale, Cupertino, Mountain View, or anywhere else in the Bay Area. Civil Code section 1793.2 requires the manufacturer to conform the vehicle to warranty after a reasonable number of repair attempts, and section 1793.22 sets the statutory presumption when the same problem has been to the shop four times, or the car has been out of service for 30 days within 18 months or 18,000 miles.

For Santa Clara County residents, civil cases are filed at the Downtown Superior Court at 191 N. First Street in downtown San Jose. The court handles civil, probate, and small claims matters. Unlimited civil cases (those with claims over $35,000, which includes most lemon law buybacks) are heard at this courthouse. Some matters may be assigned to other courthouses in the county, but the Downtown Superior Court is the primary civil hub. Venue is generally proper where the consumer resides, where the dealer sold the vehicle, or where the manufacturer's principal California office is located.

Yes. Tesla, Lucid, Rivian, Polestar, and every other electric vehicle manufacturer is covered by Song-Beverly. Common EV claims among San Jose drivers include phantom braking on 101 and 280, Autopilot or FSD calibration faults, battery management system bugs that cause unexpected range drops, charging port and onboard charger failures, suspension control arm defects, and infotainment screen failures that disable HVAC or gear-selection controls. Each documented service visit, including those that end with only a software update, counts toward the repair-attempt threshold under Civil Code section 1793.22.

Under Civil Code section 1793.2(d)(2)(B), the manufacturer must refund the price paid, less a mileage offset, and pay off any remaining loan or lease balance. The refund includes the down payment, all monthly payments made, sales tax and official fees, plus incidental expenses like towing and rental car costs. The mileage offset is computed by multiplying the purchase price by the miles driven before the first repair attempt for the qualifying defect, then dividing by 120,000. So a $70,000 Tesla driven 14,000 miles before the first qualifying repair would have a $8,167 mileage offset ($70,000 x 14,000 / 120,000).

Yes. Civil Code section 1793.22 does not distinguish between mechanical and software repairs. Each time the vehicle is presented to the manufacturer or its authorized dealer for the same defect, whether the technician swaps a part or pushes a software update, counts as a repair attempt. This is especially relevant for Silicon Valley drivers of Tesla, Lucid, Rivian, and other software-defined vehicles, where over-the-air updates and remote diagnostics are the standard repair method. Save all service records and confirmation emails, even for visits where 'no parts' were replaced, because they establish the repair-attempt count for the statutory presumption.

Nothing out of pocket in a typical Song-Beverly case. Civil Code section 1794(d) requires the manufacturer to pay the prevailing buyer's reasonable attorneys' fees, costs, and expenses. California lemon law firms standardly work on contingency, charging no retainer and no hourly fees. The attorneys' fees are paid by the manufacturer separately from the consumer's recovery. If the case does not succeed, the consumer typically owes nothing. The statutory fee-shifting is designed to make legal help accessible regardless of vehicle price or claimant income. Avoid firms that demand upfront retainers for a straightforward lemon law matter.

Tesla is headquartered in Palo Alto (about 25 minutes north of San Jose on 101) and manufactures vehicles at its Fremont plant, but proximity to the headquarters does not change the legal framework. Tesla is bound by Song-Beverly like any other manufacturer selling vehicles in California. Many Tesla cases involve repeated phantom braking, Autopilot disengagements, charging faults, and infotainment failures that are documented through Tesla's mobile service and service center visits. Venue may be in Santa Clara County, Alameda County (where Tesla's principal manufacturing office sits), or wherever the consumer lives. Most Tesla lemon law cases in the Bay Area settle without trial.

Yes, if the manufacturer's original warranty was still in effect when the defect arose or when the first repair attempt occurred. Certified Pre-Owned vehicles sold with a manufacturer-backed extended warranty are typically covered because Song-Beverly attaches to the express warranty. Used vehicles sold by independent dealers with only a dealer warranty may have different coverage rules, but the federal Magnuson-Moss Warranty Act often provides parallel protection. Bring the original purchase paperwork, warranty booklet, and complete repair history so an attorney can determine which warranty was active and which statute provides the strongest claim.