Orange Lemon Law

Most Orange County Song-Beverly cases are filed at the Orange County Superior Court's Civil Complex Center, located at 751 West Santa Ana Boulevard, Santa Ana, CA 92701. The Civil Complex Center hears unlimited civil matters (over $35,000) for all of Orange County, including residents of the City of Orange, Santa Ana, Tustin, Villa Park, Anaheim, Garden Grove, and Costa Mesa. Filings are mandatory e-filing through the court's approved electronic service providers.

Hyundai and Kia have well-documented warranty issues including the Theta II 2.0L and 2.4L engine seizures, the Smartstream 1.6T problems, and various wiring and ignition recalls. Song-Beverly covers any new or used Hyundai/Kia vehicle sold or leased in California with a written warranty (Cal. Civ. Code 1790-1795.8). If your engine has been replaced, repeatedly diagnosed with the same noise or oil consumption issue, or has triggered a stop-drive recall, document every repair attempt - civil penalties up to two times actual damages are available for willful failure to repair or buy back.

Yes. Software-driven defects like phantom braking, false forward-collision warnings, and ADAS disengagements absolutely qualify as 'nonconformities' under Song-Beverly when they affect safety or use of the vehicle. Each visit to a Tesla service center for the same complaint - whether the fix is an OTA reflash, a calibration, or a camera replacement - counts as a repair attempt. The Tanner Act presumption applies more aggressively to safety defects: two unsuccessful repair attempts for a defect likely to cause death or serious bodily injury triggers the presumption under Cal. Civ. Code 1793.22(b)(2).

Venue is proper in the county where you reside, the county where the contract was signed, or the county where the manufacturer does business - all three point to Orange County for City of Orange residents who purchased anywhere in the OC dealer network. Your case will be filed at the Civil Complex Center in Santa Ana regardless of which dealer sold the vehicle.

If the manufacturer cannot fix the defect, Cal. Civ. Code 1793.2(d) requires either replacement with a comparable new vehicle or a full refund of the purchase price (including taxes, license fees, registration, and finance charges), minus a use offset for miles driven before the first repair attempt. If the failure was willful, Cal. Civ. Code 1794(c) authorizes a civil penalty up to two times actual damages. Prevailing consumers also recover attorneys' fees and costs under Cal. Civ. Code 1794(d), so most plaintiffs do not pay legal fees out of pocket.

Yes. Cal. Civ. Code 1791(g) defines 'buyer' to include a lessee under a retail lease of consumer goods. Lemon-law remedies for leases generally include termination of the lease, refund of all monthly payments and the capitalized cost reduction, payment of any official fees, and the manufacturer's payoff of the residual value to the lessor. The use offset under 1793.2(d)(2)(C) still applies. Leased commercial trucks under 10,000 pounds GVWR may also qualify if the lessee has five or fewer vehicles registered in California.

Yes. Until the manufacturer agrees to a buyback or replacement, or a court orders one, you remain contractually obligated to your lender or lessor. Stopping payments can damage your credit and complicate the eventual restitution calculation, because the use offset and refund formula in Cal. Civ. Code 1793.2(d)(2)(C) assumes the contract is current. Keep the vehicle reasonably maintained, keep paying, and let your attorney handle communications with the manufacturer.