Milpitas Lemon Law

Milpitas is in Santa Clara County, so Song-Beverly Consumer Warranty Act cases are filed in the Santa Clara County Superior Court. Civil cases are typically filed at the Downtown Superior Court at 191 N. First Street in San Jose. Venue lies where the consumer resides, where the contract was entered, or where the manufacturer transacts business, so Milpitas residents who bought their vehicle in Fremont (Alameda County) may have venue options in either county.

If the defect substantially impairs the use, value, or safety of your vehicle and Tesla cannot repair it within a reasonable number of attempts, yes. Phantom braking and ADAS faults are among the most common Song-Beverly claims we see in Santa Clara County. Save every service-mode log, mobile-app service ticket, Service Center repair order, and any dashcam footage — Tesla repair records can be harder to obtain than traditional dealer records, so document everything contemporaneously.

It depends on what the update does. An OTA update that is intended to fix a specific defect and is delivered by the manufacturer in response to a complaint is generally treated as a repair attempt for purposes of the Tanner Act 'reasonable number of attempts' analysis. Courts in California have increasingly recognized this, but the law is still developing. The safest approach is to file a Service Center ticket every time the defect occurs, even if you also accept an OTA, so that there is a written repair record.

It may. The high-voltage battery is covered under the manufacturer's separate EV battery warranty (typically 8 years/100,000 miles or more), and Song-Beverly applies to defects covered by the express written warranty. If the manufacturer cannot conform the battery to its warranted capacity after a reasonable number of attempts (or determines the pack needs full replacement and cannot complete it in a reasonable time), you may have a claim. EV cases often involve detailed expert analysis of battery state-of-health logs.

You may have venue options in either Alameda County (Fremont) or Santa Clara County (Milpitas). Most attorneys file where the consumer resides, but venue is also proper where the contract was entered or where the manufacturer regularly does business. The choice often comes down to court congestion, judicial assignment patterns, and convenience. Your repair history at any authorized dealer across either county counts equally toward the Tanner Act presumption.

The general statute of limitations is four years from the date the manufacturer fails to repair within a reasonable number of attempts. AB 1755 (effective 2025) added an outer deadline: claims must be filed within one year after express warranty expiration and no later than six years from original delivery. EV warranties typically run 4 years/50,000 miles for the basic warranty and 8 years/100,000+ miles for the high-voltage battery, so the operative deadline depends on which warranty covers your defect.

If the vehicle is registered in your name and used primarily for personal, family, or household purposes, yes. Song-Beverly also covers vehicles used in a business context if the business has five or fewer vehicles registered in California. Many Silicon Valley engineers receive vehicle stipends and purchase the car in their own name — those purchases qualify for Song-Beverly. If the vehicle is owned by your employer's leasing entity or fleet, the analysis is more fact-specific; bring all your registration and lease paperwork to your attorney consultation.