One of the biggest challenges I have faced in providing zealous advocacy to my clients as an attorney for the past 25 years is the delay resulting from California’s clogged court system. The old saying that “justice delayed is justice denied” is even more apt in the digital age than it was when civil rights leaders used it in the 1960s.
These days, one particular category of cases is exacerbating this problem in Los Angeles County courthouses. In so-called “lemon law” cases, plaintiffs seek replacement or reimbursement after purchasing defective vehicles. The Song-Beverly Consumer Warranty Act passed in Sacramento incentivizes consumers to file lawsuits instead of informally attempting to resolve disputes before the case enters the court system.
In 2023, 22,655 lemon law cases were filed in California up 52% from 2022. In Los Angeles County Superior Court, the number of lemon law cases filed exploded 1400 percent between 2021 and 2023. Some Los Angeles County judges have as many as 750 cases on their dockets, making it impossible to hold hearings or trials in a reasonable time frame. I sympathize with these judges and for the parties who are forced to wait years to get their day in court.
Once these lemon law lawsuits are filed, often simple and straightforward disputes can drag on for years, tying up judicial time and resources that could better be spent on more factually complex disputes. I am not diminishing the harm consumers suffer when they buy a defective car or truck – there just needs to be a way to more efficiently resolve these relatively simple disputes.
Fortunately, the California legislature recently passed legislation that would go a long way towards restoring order. AB 1755, a bill sponsored by Assemblymember Ash Kalra and Senator Tom Umberg, would expedite recovery for consumers who purchase defective vehicles by making the following specific fixes to the currently broken system:
- Consumers would be required to notify a manufacturer of their request for a buy-back or replacement in writing to be eligible to recover double civil penalties and recovery of attorneys fees;
- A manufacture would be required to provide its offer of repurchase or replacement to the consumer within 30 days of receiving the written notice and to fully replace the vehicle within 60 days of receiving the written notice;
- The time a consumer has to bring a claim would be shortened to one year after the expiration of a vehicle warranty and six years from the date of the vehicle’s delivery; and
- Once a lawsuit has been filed, the bill would shorten discovery timelines, permit early depositions and require parties to mediate disputes, all of which will result in a faster resolution.
AB 1755 is currently sitting on the desk of Governor Gavin Newsom, along with hundreds of other proposed laws passed by lawmakers in the recently completed legislative session. Governor Newsom has an excellent track record in diversifying the bench and encouraging good judges to continue to serve by increasing financial security for bench officers. On behalf of all who seek swift justice in the Los Angeles Superior Court, I strongly encourage Governor Newsom to take the next step in alleviating the burden on judges that results from punishing docket loads by signing AB 1755. If this bill were to become law, it would make it easier for California consumers with legitimate lemon law claims to get a faster resolution, and it would free up the courts for other matters.
Felton T. Newell, Esq. is president of the Langston Endorsement Org. He previously served as president of the John M. Langston Bar Association of Los Angeles.
