What is the California Lemon Law Presumption?

What is Legal Presumption in California?

The essence of the legal presumption is that, by using evidence to inform specific facts within a case, a court can then ‘presume’ that the facts are true. These facts may then be used within the context of applicable laws, logic, or individual rights to build a case. A legal presumption, using common evidence and facts, will stand true in court until it is disproven by a preponderance of the evidence that shows otherwise.

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Legal presumptions apply to all sorts of legal situations, with examples including the presumption of sanity (a person is presumed sane and fit for trial unless otherwise proven), the presumption of constitutionality (that federal, state, and local laws are drafted in accordance with the U.S. Constitution), and presumption of mailing (that a properly addressed letter given to the postal service was delivered to the addressee). In the United States of America, one of the most common legal presumptions that we’re all familiar with is that, in a court of law, an accused person is presumed to be innocent until proven guilty. In such an instance, the legal presumption is challenged by the prosecution, who attempts to deliver new evidence and reasoning that demonstrates that the legal presumption of innocence does not hold and that the defendant is guilty.

Just as well, the legal presumption is also used in lemon law to make determinations about what constitutes a lemon, and this, in turn, can inform how a lemon law court proceeding will continue.

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What is the Lemon Law Presumption in California?

While lemon law presumption in California differs from state to state, most follow the same basic structure. In the state of California, your vehicle falls under Lemon Law Presumption if the following occurs within 18 months or 18,000 miles of purchasing your vehicle:

It is repaired at least two times for a substantial safety defect that can cause bodily injury or death
It is repaired at least four times for a persistent non-substantial safety defect
It is out of service for more than 30 days total due to any combination of problems or defects.

A consumer must be able to prove at least one of the above criteria in a California court of law for a judge to presume your vehicle a lemon. If this happens, you are entitled to compensation. Remember, manufacturers have the opportunity to argue against you, and often will. This is why it’s important to have an experienced attorney on your side. We have a 99% success rate and a strong reputation for being aggressive and getting our clients the settlement they deserve.

If you’re unsure whether or not your car qualifies as a lemon, we’re here to help. Lemon laws aren’t always black and white, but we have the experience and expertise to guide you through the process. Contact our California lemon law attorney today for a free evaluation of your situation and we’ll get started right away at getting you the settlement you deserve.

What if My Car Doesn’t Meet the Lemon Law Presumption in California?

If your car doesn’t fall under lemon law presumption, don’t give up just yet. Consumer protection laws are intricate, and we know them back to front. Even if your car doesn’t officially qualify for the California lemon law, there are still laws in place to protect you, and you may still have a chance at compensation. Even if you’re unsure, make sure all your visits to your dealership for repairs are well documented, and gather and document as much information as you can in order to jumpstart the lemon law process in California and help us determine the status of your lemon situation. The more information you have, the easier it will be to file a claim and get the compensation you deserve. Contact our Lemon Law Firm in Los Angeles, California today so we can evaluate your situation and help you with the next steps.

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Client Testimonials

I spoke directly to Mr. Shainfeld who helped guide me through the lemon law process. He was always responsive to me both via phone and emails. He was prompt and professional. Hopefully I do not have any further issues with my car in the future, but if I do I will contact Shainfeld Law.

Dave

Prompt and Professional

Brett and his team was truly amazing to work with. From my very first contact through their chat capabilities on their website to the very last conversation with Brett. Being our first lemon claim for our 2018 Audi e-tron we were intimidated by what the process could be and didn’t know what to expect. Brett and his team made everything so easy to understand and seamless.

Emily

Amazing to Work With

I had a great experience working with Brett Shainfeld. Easy to talk to and quick to respond, he explained the process clearly from the first phone call and kept me updated on the progress. Everything was done through email and on the phone which made it fast, easy and very convenient.

Moj

Fast, Easy and Very Convenient

Cannot recommend Brett Shainfeld enough. Courteous, professional, quick to respond, and up front with my case and questions. If you think you have any car issues and might consider finding a lemon law attorney, just stop right here and contact Brett. Got me quick results and helped me out with the whole process.

John

Courteous, Professional, Quick to Respond

Brett is Amazing! Everything done by telephone and never met him and only by speaking to him regarding my case I felt like he was a good friend to speak to. He’s very upfront and down to earth and says it straight up.

Jeanette

Brett is Amazing

I could NOT have selected better representation! Mr. Shainfeld worked quickly and helped us reach a great settlement fairly quickly! I elected to pickup my final settlement check from his office, otherwise I would have never had to set foot in his work space.

Alexis

Excellent Representation

Thank you so much for all you’ve done and for being so patient with me and all my questions/concerns. Happy to have this behind me and do it so simply. It was a pleasure working with you.

Melinda

A Pleasure to Work With

Brett has been THE MOST helpful lawyer when it came to dealing with my lemon BMW. His knowledge blows all these other clowns out of the water. Extremely attentive, under promises and over-delivers. Just give him a call!

Most Helpful Lemon Lawyer

Brett was truly amazing to work with. Everything was so easy — from our initial call to the very last conversation. This was our very first lemon claim (2018 Audi e-tron) and was slightly intimidated by what the process could be and didn’t know what to expect. Brett and his team made everything so easy to understand and seamless. He’s quick, efficient, very reliable. He is super clear up front with the process and quickly answers any questions you have. I would highly recommend Brett if you are looking for lemon law attorney. We couldn’t have done it without him.

Everything Was So Easy

After the torture we went through with our dealership on our Lemon Law car and the subsequent challenge of trying to find a responsive, knowledgeable attorney to represent our case, we were at our wit’s end and highly skeptical when we found Brett Shainfeld. However, we found Brett to be clear, communicative, immediately responsive and confident. He adapted quickly to our preferred mode of communication (electronic or voicemail, rather than live discussions), and consistently kept us informed as to what was happening with our case, as well as what to expect next. And the best part is that he successfully negotiated our case with the manufacturer.

Great Experience

Brett was the best attorney we’ve had the opportunity to work with. If we ever need a Lemon Law attorney again, we won’t hesitate to use Brett. He’s very conscientious, keeping us appraised of what’s going on. If we leave a message or e-mail for him, he’d respond to is in a very timely manner. We will not hesitate to use his services again in the future. We’ll also recommend him to anyone & everyone who needs a good Lemon Law attorney.

Best Lemon Law Lawyer Ever

My lemon law settlement was done in about 2 and 1/2 months. Brett Shainfeld was very professional and answered all my questions through phone calls and emails regarding $ and etc… I’m in San Francisco and he was in southern cal…and everything turned out well.

Excellent Work

Brett, I’d like to thank you for your help throughout my case. During the course of my representation, you and your firm provided me with an unmatched customer service and always immediately responded to my questions. I could not have been any happier with the end result and always felt protected having your firm on my side. Words fall short in describing your firm’s prowess & dedication. I highly recommend your firm to anyone seeking assistance when in comes to consumer protection laws.

I could not have been happier

What it means for your vehicle in California.