Lemon Law claims for owners in San Jose and across Santa Clara County, from Palo Alto and Sunnyvale to Milpitas, Campbell and Gilroy.
Key Takeaways
In San Jose and the rest of Santa Clara County, the Song-Beverly Act lets you demand a buyback or a replacement when a warranty defect survives a reasonable number of repairs. If a case has to be filed in the county, it goes to the Downtown Superior Courthouse on North First Street, the filing point for every civil case in the county. The first review is free. No fee unless we win. On a successful claim the manufacturer pays your attorney fees under the Song-Beverly Act.
buyers and lessees of new vehicles, plus a new business vehicle weighing under 10,000 pounds (gross vehicle weight) if no more than five vehicles are registered to its owner in California, when a warranty defect impairs use, value or safety.
until the car reaches 18 months or 18,000 miles, the bar is two repair attempts on a defect that could seriously hurt someone, four on the same defect, or more than 30 days of repair downtime.
the price back with sales tax and registration, less a mileage offset, or a replacement, plus the repair, towing and rental costs you paid.
No fee unless we win. On a successful claim the manufacturer pays your attorney fees under the Song-Beverly Act.
since Rodriguez v. FCA (October 2024), a used car sold with only the leftover factory warranty no longer gets a buyback or replacement. That changes only if the maker wrote a new warranty at the sale, CPO badge or not, and other warranty claims may exist.
Claims from San Jose, Cupertino, Morgan Hill or anywhere else in the county are handled by the same two California-licensed attorneys, working from the firm's Beverly Hills office.
Send the purchase or lease contract with your repair orders. We go through them and give you a straight read on whether the claim holds up, at no cost.
No fee unless we win. On a successful claim the manufacturer pays your attorney fees under the Song-Beverly Act.
You talk to the attorney handling your file from the first call. No call center sits in between.
The attorneys who review your paperwork are the ones who negotiate with the manufacturer and, if needed, file the case. Past results do not guarantee a similar outcome.
Your case is handled by attorneys Michael Saeedian (California State Bar #265470) and Timan Khoubian (#296208), who focus on California Lemon Law claims. Past results do not guarantee a similar outcome.
Lemon Law claims for San Jose and Santa Clara County owners.
Two numbers on your paperwork decide more of a claim than most owners expect.
The first is the odometer reading on the first repair order for the defect. It sets the mileage offset, the one deduction from a buyback: the law takes the miles driven before that visit, divides them by 120,000 and multiplies by the price. A car first taken in at 6,000 miles carries a 5 percent offset. Miles you put on afterwards, on 101, 280 or anywhere else, don't count against you.
The second is the delivery date. The statute's presumption runs for 18 months or 18,000 miles, whichever comes first, so a long daily commute can close it early. Electric cars add a third record: many fixes now arrive as over-the-air updates that never appear on an invoice. If the fault returns after an update, book the service visit anyway and keep screenshots of the release notes. We set all of it against the warranty before the manufacturer hears from us.
The statute is the same in every county. The courthouse, the settlement programs and the filing rules are local.
The claim rests on California's Song-Beverly Consumer Warranty Act. It reaches cars, trucks, SUVs and vans with a warranty defect that substantially impairs use, value or safety and that the manufacturer or its dealers still haven't repaired after a reasonable number of attempts. A new work vehicle can count too, if its gross vehicle weight stays below 10,000 pounds and its owner has five or fewer motor vehicles registered in California.
When a case does have to be filed in the county, it goes to the Superior Court's Downtown Superior Courthouse at 191 North First Street in San Jose, which takes the county's civil and small claims filings. A standing order effective October 6, 2014 moved all civil filings there, and the Palo Alto courthouse and the South County courthouse in Morgan Hill stopped accepting them. An owner in Palo Alto or Gilroy ends up in the same downtown building as an owner from San Jose.
Most claims never get that far. Before trial, the court offers mediation, an early settlement conference, neutral evaluation and judicial arbitration, and some of those programs are free to the parties. We handle the talks and any of those sessions, so the manufacturer's lawyers deal with us instead of you.
Used cars are a narrower case. Rodriguez v. FCA, decided October 31, 2024, settled that point: a car bought with whatever is left of the factory warranty does not qualify as a new motor vehicle for the buyback-or-replace remedy, the California Supreme Court said, unless a new warranty was issued with the sale. That ruling still shapes California's Lemon Law for used cars. Whether a certified pre-owned car sits on the other side of the line depends on whether a new manufacturer warranty came with the sale, not on the label, and other warranty claims may remain depending on those papers. If you bought used in Sunnyvale, Santa Clara or San Jose and the car keeps failing, send the sales contract with the repair orders.
The law doesn't care about the badge. It asks whether a warranty defect impairs use, value or safety and keeps coming back.
DMV registration counts for the end of 2024 show about 141,000 battery-electric cars and light trucks at Santa Clara County addresses. That is close to one vehicle in ten, about twice the statewide share, and roughly 69 percent of them are Teslas. Among 2022 to 2025 model years, the cars most likely to still be under warranty, about a third are fully electric. Gas, hybrid and plug-in models are still about nine in ten of the vehicles registered here, and the dealer rows on Capitol Expressway and Stevens Creek Boulevard sell plenty of both. Registration counts show what people drive here, not how often any of it fails; the examples below can support a claim on either kind of car:
Some cars fall outside the law: those sold "as is" with no warranty, defects that first appeared after the warranty ran out, damage from a crash or misuse, and business vehicles of 10,000 pounds or more. For the rest, the deciding evidence is the paper. Each repair order, loaner agreement and "could not duplicate" ticket shows the manufacturer had a chance to fix the car. We collect those, match them to the warranty and use them to press for a refund or replacement, or to back a lawsuit if the manufacturer won't settle.
What to do from the second repair visit onward, in the order it matters.
Ask for a repair order each time, even when the dealer finds nothing. A "could not duplicate" ticket still proves you reported the problem. Note the date, the odometer and what the car did. With an EV, keep the app alerts and update notes too.
If the warranty booklet or owner's manual says so, the two- and four-repair tests need at least one direct notice to the manufacturer, not only to the dealer. For makers that opted into the 2025 procedures, a written demand sent at least 30 days before a lawsuit that seeks civil penalties starts a 30-day window for the manufacturer to offer a buyback or replacement; a suit for refund or replacement alone can go ahead without it. We write and send it.
Inside 18 months or 18,000 miles, four repair visits for one defect, two for a dangerous one, or a total above 30 days in the shop count as a reasonable number of chances. Outside that window, a court looks at whether the manufacturer had enough chances. Either way, keep taking the car back.
We check the paperwork against the statute and the warranty, then deal with the manufacturer. If it won't make a fair offer and the case belongs in this county, the complaint is filed at the Downtown Superior Courthouse and the court's settlement programs come into play.
A claim can end in a buyback, a replacement or a cash settlement that lets you keep the car. Repair, towing and rental costs can be added, and a willful violation can bring a civil penalty of up to twice your actual damages.
Deadlines vary by manufacturer. Under the ordinary warranty rules four years is the usual limit, counted from a start date that depends on the facts. For makers enrolled in the 2025 procedures, the deadline for a refund or replacement suit is twelve months after the warranty runs out, or six years from delivery if that comes sooner, with extensions for repair time and pre-suit notice. The 18-month mark decides only the presumption. We take cases from San Jose, Sunnyvale, Santa Clara, Mountain View, Palo Alto, Milpitas, Campbell, Los Gatos and the rest of the county. Start with a free consultation and get a straight read on your file.
What Santa Clara County owners ask about EVs, courts, deadlines and buyback math.
The rest of the Bay Area has its own pages:
4.7 from 104 Google reviews
3 months ago
the folks at lemon pros got me exactly what I asked for plus a bit more for my jeep. they were very honest with the process and kept me up to date constantly. would recommend them without hesitation! worked with Anthony Greco & team :)
3 months ago
Though I had to learn the virtue of patience (it took a little time), I had an excellent experience with the Pros, from beginning to end. The entire team was professional, knowledgeable, responsive, and genuinely committed to helping me through my lemon law case. They kept me informed throughout the process, answered my questions promptly, and handled everything with integrity and professionalism. They achieved a successful outcome on my behalf ($27,600). I highly recommend this firm to anyone in need of a knowledgeable and trustworthy lemon law attorney. Thank you for your patience with me and for your outstanding service!
4 months ago
Trust the process. Suzy and Anthony were able to get me a buy back from GM after constant issues with the transmission. Suzy was patient explaining everything and returned my calls/emails/text within 24hrs. She’s the best. Anthony (Tony) was straight forward and did everything he could to get me my money. No BS, or changes at the end. It’s a process but they know what they are doing. Delivered on everything he promised. Thank you for all the help and it was worth the wait. I was able to get a new car because of you guys.
4 months ago
The Lemon pros Worked with me During a time, I’m in my life, where I was going through a lot of transitions. They were professional, and very patient as I was not always disposable or able to find paperwork for my claim. It was not overnight, but when the day came for The Lemon pros to negotiate my settlement, It was a glorious outcome. I Told the Lemon pros get me at least $10,000 and I’ll be Happy, And what did they do? They hit the ball out of the park!!!! and got me a settlement of $17,500!!!! And I got The Check without amount to prove it!!! Thanks, Lemon pros!!!!!
10 months ago
I couldn’t be more grateful for the outstanding team at The Lemon Pros. Their team was fantastic from start to finish, always responsive, professional, and committed to keeping me informed every step of the way. Their follow-through was exceptional and their determination truly made a difference in achieving a positive outcome in my case. I’m so glad I chose them to represent me and I highly recommend their services to anyone seeking a dedicated and reliable team.
Reviews reflect individual experiences. Past results do not guarantee a similar outcome.
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