Mountain View Lemon Law

Mountain View is in Santa Clara County. Civil unlimited lemon law cases — the typical posture for Song-Beverly actions because damages plus the up-to-2x civil penalty usually exceed $35,000 — are filed in the Santa Clara County Superior Court, with most civil unlimited matters assigned to the Downtown Superior Court at 191 North First Street in San Jose. Manufacturers can also be sued in other California counties where they regularly do business, so plaintiffs sometimes file in Alameda, San Francisco, or Los Angeles depending on the defendant and case-management considerations.

Yes. Software defects that substantially impair the use, value, or safety of the vehicle are 'nonconformities' under Song-Beverly. Persistent phantom braking, autopilot disengagement faults, lane-keeping malfunctions, camera or sensor failures that cripple driver-assist features, and infotainment lockups all qualify. Each Tesla service-center visit for the same defect counts as a repair attempt, including remote-diagnostic visits, mobile-tech repairs, and OTA-update flashes. Keep all service messages, mobile-app notifications, and repair invoices because Tesla often does not provide traditional paper ROs.

California courts have generally treated documented OTA software updates intended to address a known nonconformity as repair attempts, particularly when the update is associated with a service ticket or invoice referencing the defect. Each such update should be documented through the manufacturer's app, email, or service summary. If multiple OTA updates have been pushed for the same defect and the problem persists, you likely have a Song-Beverly claim, particularly if the manufacturer has published internal bulletins acknowledging the issue.

Yes. Song-Beverly applies to any new motor vehicle sold or leased in California with the manufacturer's express written warranty, regardless of how new the brand is. Rivian, Lucid, Polestar, Fisker, and other newer EV manufacturers are all covered. Common early-build defects include drive-unit failures, suspension and steering component issues, infotainment freezes, charging-system faults, and high-voltage thermal warnings. The four-year statute of limitations under Cal. Com. Code 2725 typically runs from when the manufacturer fails to repair within a reasonable number of attempts.

Mobile-technician repairs count as repair attempts under Song-Beverly if there is documentation (a service ticket, invoice, or app entry) showing the technician addressed the same nonconformity. Save every Tesla app service message, email confirmation, and invoice. If you cannot get a paper RO, screenshots of the Tesla app's service history are acceptable evidence. Tesla's electronic record-keeping has been a recurring evidentiary issue in California Song-Beverly litigation, but courts have generally found these records sufficient to establish repair attempts.

Generally no for employer-provided fleet vehicles. Song-Beverly covers vehicles used primarily for personal, family, or household purposes, and also extends to vehicles purchased for business use by entities with five or fewer vehicles registered. Large corporate fleets fall outside Song-Beverly. If you personally own or lease the vehicle and use it for commuting and personal purposes, you are covered even if you also use it for work. Discuss the title and registration arrangement with counsel because the fact pattern matters.

Range that materially differs from the manufacturer's advertised EPA-rated figure can support a Song-Beverly claim if it substantially impairs the use, value, or safety of the vehicle and the manufacturer has been given a reasonable number of attempts to correct it. California courts have allowed lemon claims on battery state-of-health issues, charging-speed deficiencies, and software-update-induced range loss. Keep charging logs, range warnings, and every service ticket. The strongest cases involve early, persistent shortfalls combined with manufacturer acknowledgment through bulletins or recall actions.