Lemon law cases in California... worth going to trial?

General
1

I’ve been curious… how much are lemon law firms typically making per case? Most cases end up settling, but would it help or hurt to take a case to a jury trial? I’ve heard something about civil penalties when the manufacturer messes up under the Song Beverly Act, but how often does that actually happen? And when it does, what’s the usual penalty—any idea what percent of cases get those? How many of these cases even make it to trial?

2

I’ve been looking into this too. From what I’ve read, almost no one ever gets the 2x civil penalty in California. Like, 99% of cases don’t even go to trial.

3

Leith said:
I’ve been looking into this too. From what I’ve read, almost no one ever gets the 2x civil penalty in California. Like, 99% of cases don’t even go to trial.

Yeah, I’ve heard that too. Apparently, it’s just easier to settle, especially with defense firms knowing they won’t get to trial.

4

@Lane
Makes sense… do you know if there’s ever a case where taking it to trial actually helped?

5

A buddy of mine works for one of these firms. It’s really hard to get civil penalties, but they settle well because everyone knows the firm will go to trial if needed.

6

Keenan said:
A buddy of mine works for one of these firms. It’s really hard to get civil penalties, but they settle well because everyone knows the firm will go to trial if needed.

Interesting… can you DM me the name of the firm? Would love to know who’s making waves.

7

Lemon law cases rarely go to trial. It’s all about settlements. Like, five years ago, the average settlement was putting $5-20k in the lawyer’s pocket. The more demand letters sent, the more likely a buyback.

8

@Wendell
So could someone handle it themselves with demand letters or do you need a lawyer for that?

9

Montana said:
@Wendell
So could someone handle it themselves with demand letters or do you need a lawyer for that?

It’s not that simple. You really need a lawyer. They start sending demand letters early on, even before any lawsuit is filed.

10

@Wendell
What if someone’s set on taking it to trial and tells their lawyer they won’t settle? Does the lawyer have to go to trial then?

11

Doesn’t the prevailing party get attorney fees? That could make these cases pretty lucrative for the lawyers.