Lemon Law for California

The term “new motor vehicle” includes not only new motor vehicles but also demonstrators; the chassis, chassis cab, and propulsion system of a new motor home; and any other motor vehicle sold with a manufacturer’s new car warranty. For example, a two-year old used car sold with the remaining one year portion of a manufacturer’s three-year new car warranty would be treated as a new motor vehicle. The term “new motor vehicle,” however, does not include motorcycles or exclusively off-road vehicles.
Song-Beverly has many general rules that apply to any consumer product sold with an express written warranty. As a result, there is important coverage for motorcycles, the living quarters of a mobile home, used vehicles sold with a dealer’s express written warranty, “lemon” vehicles repurchased by the manufacturer and sold to consumers with an express written warranty covering the defect, and vehicles sold with a service contract.
A full description of warranty rights is beyond the scope of this message, but you should be aware that coverage is not identical to the coverage for new motor vehicles. For example, a warrantor who is unable to conform a consumer product to its express warranty within a reasonable number of attempts is required to replace the goods or refund the purchase price less an amount attributable to the consumer’s use. Unlike the special rules on new motor vehicles, however, there is no set formula for determining the charge for the consumer’s use before the discovery of the defect, and the Lemon Law presumption does not apply.

Automotive manufactures are aware of the fact that the higher the center of gravity on an SUV, the more prone it is to rollover in an accident. While there is now federal legislation requiring a roof to withstand 1.5 times a vehicle’s weight, consumer safety groups have consistently lobbied for more stringent requirements. This has led auto manufacturers to argue they cannot be held liable for rollover-roof crush   injuries if they meet standard requirements.

In liability law, however, there is a standard of foreseeability and duty of care that must be considered: if someone could have — or should have — foreseen a danger associated with their actions, they have a duty of care to prevent the possibility of injury to others. In the case of SUV rollovers and roof crush, auto manufactures have crash test data and information related to roof crush that clearly allows them to foresee dangers associated with their design. Their failure to strengthen roofs, lower the center of gravity, or install roll bars may constitute a violation of their duty of care towards consumers who are injured or killed in SUV rollover accidents.

Build Dates : March 01,2004 - July 31, 2005 
NHTSA CAMPAIGN ID Number : 06V289000 
Date Owner’s Notified: 20060831  Date Received by ODI: 20060803  Date Added to Databse: 20060803 
Manufacturer’s Involved: GENERAL MOTORS CORP. 
Manufacturer’s Responsible for the Recall: GENERAL MOTORS CORP. 
Manufacturer Campaign Number: 06080 
Component: ENGINE AND ENGINE COOLING 
Potential Number Of Units Affected : 38439 
Summary:
On certain trucks equipped with an 8.1L V8 (pro L8-VIN G) engine have a condition in which the engine fuel rails pulse damper retainer clip may fracture resulting in inadequate retention of the damper.
    
Consequence:
If the damper comes loose, a fuel leak may result. Fuel Leakage, in the presence of an ignition source, could result in a fire.
      
Remedy:
Dealers will replace the engine fuel rails pulse damper retainer clip free of charge. The recall began on August 31,2006. Owners may contact Chevrolet at 1-800-630-2438 and GMC trucks at 1-866-996-9463