Lemon Law Attorneys in San Jose, CA

San Jose car buyers whose new vehicle keeps failing under warranty despite repeated repairs, California’s lemon law may apply. A state-licensed lemon law attorney will look at your records for free.

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How we match your San Jose lemon law case

When you submit a San Jose lemon law matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A lemon law matter needs someone who handles lemon law work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under California law, so it goes to an attorney licensed in California who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

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DearLegal provides marketing and matching services and is not a law firm, and is not a State Bar-certified lawyer referral service. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Lemon Law cases in San Jose

More about legal help in San Jose →

Long commutes on 101, 280, and 880 and a high share of electric and tech-heavy vehicles in San Jose surface recurring defects quickly — battery, software, electrical, and drivetrain problems dealers cannot fix. California’s lemon law is among the strongest in the country, covering new and some used vehicles and allowing recovery of attorney’s fees, which is why manufacturers often settle. Suits are filed in Santa Clara County courts. DearLegal matches you with a California-licensed attorney who handles lemon law cases in San Jose, with a free review.

California lemon law claims from San Jose are filed in Santa Clara County courts or resolved through settlement.
Electric and software-heavy vehicles common in San Jose generate many recurring-defect complaints.
California lemon law shifts attorney’s fees to manufacturers, making San Jose claims practical to pursue.

California lemon law rules at a glance

San Jose cases run under California law. The full walkthrough — timeline, when to call, case types, and what a recovery can include — is on the California page.

Read the full California lemon law guide →

State Lemon Law Citation: Song-Beverly
Song-Beverly Consumer Warranty Act, Cal. Civ. Code § 1790 to § 1795.8
Coverage Period / Mileage (Presumption): 18 months
18 months or 18,000 miles for the statutory presumption (Civ. Code § 1793.22); covers vehicles still under any express warranty
Presumption Trigger: 4 repairs
4 or more repair attempts for the same defect (2 for safety defects), or 30 cumulative days out of service
Federal Backup: Magnuson-Moss
Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.
Statute of Limitations: 4 years
4 years for breach of warranty (Cal. Com. Code § 2725); Song-Beverly claims generally use the 4-year UCC SOL
Typical attorney fee: Fee-shifting
Fee-shifting — if you win, the other side pays your attorney’s fees

Exhibit D

How much do San Jose lemon law attorneys cost?

Typical fee schedule

California · Lemon Law

Fee modelManufacturer Pays Fees

Attorney feepaid by the other side if you win

Your recoverykept in full

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

In California lemon law cases the law can shift your attorney’s fees to the other side — you keep your recovery.

California’s Song-Beverly Consumer Warranty Act (Civ. Code § 1794(d)) and the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2310(d)(2)) are fee-shifting statutes — the manufacturer pays the prevailing consumer’s reasonable attorney fees on top of the recovery. California’s statute also allows up to a 2x civil penalty for willful violations. Almost every California lemon law attorney takes cases with no fee deducted from the consumer’s refund or replacement.

A good attorney walks through every number at your free consultation — before you sign anything.

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Exhibit F

San Jose lemon law questions, answered

Still unsure? Tell us what happened and a California attorney will review it for free.

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Yes. The law covers new vehicles, including electric ones, with substantial defects the manufacturer cannot repair after a reasonable number of attempts, and it can extend to some used vehicles under warranty. Software and battery issues frequently qualify. An attorney will review your repair history.

Usually not. California’s lemon law requires manufacturers to pay the consumer’s attorney’s fees in successful cases, so most attorneys take these cases with no upfront cost. The DearLegal review is free. Ask the attorney to explain the arrangement clearly before signing.

Not indefinitely. After a reasonable number of attempts, or extended time out of service, you may demand repurchase or replacement. Keep every repair order from your San Jose dealer. An attorney can decide when you have met the threshold and pursue the manufacturer.

Under Song-Beverly (Civ. Code § 1793.22), a vehicle is presumed a lemon if, within 18 months or 18,000 miles, the manufacturer cannot repair a substantial defect after a reasonable number of attempts — generally 4 attempts (or 2 for safety defects that could cause death/serious injury) — or the vehicle has been out of service for repairs for 30 or more cumulative days. The presumption is a floor, not a ceiling — California courts find vehicles to be lemons outside the presumption when warranted by the facts.

Yes — uniquely among major lemon laws. Song-Beverly covers used vehicles sold with an express written warranty, including manufacturer-certified pre-owned (CPO) vehicles. This makes California one of the strongest states for used-car claims.