May 21, 2009

Bankruptcy Woes Hit Lemon Law Consumers

In our last post we warned that rumors of car manufacturer insolvency should make lemon law claimants nervous. So much has happened since that post to confirm our concerns: Chrysler declared bankruptcy during the last week of April. Chrysler settlement checks issued to consumers before the bankruptcy filing have actually BOUNCED! Consumer groups have filed an objection in the Chrysler bankruptcy case seeking clarification on what will happen to lemon law claims. A consumer-rights protest is planned for Sacramento.

General Motors appears to be next. Many are predicting a General Motors bankruptcy filing on June 1, 2009. Rumors and reports of General Motors pulling back on lemon law settlements are swirling around the lemon law attorney community in California.

There is no way to predict what is going to happen next, as this is new territory for all of us - consumers, lawyers, judges, government officials and industry leaders. Right now, everyone is hoping that either the courts or Congress will make some effort to keep the rights and claims of consumers alive through the reorganization process. That would only make sense, as the blame for these financial problems lie at the feet of corporate leaders, not consumers.

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December 11, 2007

California Lemon Law Extended to Military Personnel Transferred to California

On January 1, 2008, SB 234 (Corbett) will go into effect. This bill, which California Governor Arnold Schwartzenegger signed on July 27, 2007, will extend California Lemon Law Protection to all military personnel stationed in California, regardless of where they purchased their lemon.

McCoy, Turnage & Robertson law partner Ellen Turnage represented Lt. Nathan Kindig in the Lemon Law case that brought this issue to the attention of the California legislature. Lt. Kindig’s case was especially sympathetic as evidenced by Ms. Turnage’s testimony to the California State Senate Judiciary Committee. I have endeavored to summarize her testimony here:

Any one who purchases and takes delivery of a vehicle within the state of California is protected by California’s lemon law, a very consumer friendly statute. However, buyers, including California residents, who purchase vehicles in other states – even though they register the vehicles in California and pay California sales tax – are not protected by the California Lemon Law. These California citizens do not realize they are not protected by California Lemon Law until they discover they are the proud owners of a lemon.

But even worse is the fact that our military personnel who are not California residents and who purchased vehicles in other states are excluded from California lemon law protection. The tragedy is that these individuals are not here voluntarily. They are ordered to this state for the purpose of protecting this state and our nation. And yet, our California Lemon Laws fail to protect them. They are in essence individuals without a state.

Let me see if I can demonstrate how our laws fail to protect our military by describing Lt. Kindig’s pending lawsuit against DaimlerChrysler.

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