Attorney Susan Johnson Bates...

• Resolved hundreds of cases involving "lemon" vehicles
• Works with consumers to help them to protect themselves
• Practiced in the lemon-law area since 1988
• Practicing attorney since 1983
• Degree: B.A. in International Relations; Doctor of Jurisprudence
• Active in the County Bar Association. Formally chairperson of the fee arbitration committee

What is the "Lemon Law"?

The "lemon law" is a common term to indicate a body of laws which has been enacted to protect consumers from defective products. In the past, warranties often had grand sounding terms, but in fact, left the consumer without any protection at all. Therefore, laws have been passed stating anyone selling a product with a warranty has to give at least a minimum of protection to the consumer, i.e., a toaster will toast and a vacuum will vacuum. Each state has its own consumer/lemon laws and there are also federal laws.

The federal "lemon law" is the Magnusson Moss Act. California?s "lemon law" is the Song Beverly Consumer Warranty Act.

The "lemon law", as it pertains to automobiles, has developed over the years and offers the consumer specific protections. In California, the manufacturer has a reasonable number of attempts to conform a new motor vehicle to its warranties. If the manufacturer cannot conform the vehicle after a reasonable number of attempts, the manufacturer shall either promptly replace the vehicle or promptly return the buyer's money.

The California Legislature does not state what a "reasonable number of attempts" is, but does provide that a certain number of attempts within the first 18 months or 18,000 miles is presumed to be "a reasonable number of attempts." It is presumed that the manufacturer has had a reasonable number of attempts to repair the vehicle if the buyer has at least once directly notified the manufacturer and

(Note: a vehicle may be a lemon and subjected to a buyback even if it does not fall under a presumption. The law looks to the length of the manufacturer's factory warranty which is probably longer than the 18 months/18,000 miles used in the presumptions.)

Purpose of the firm
To provide the consumer with an efficient and effective way to enforce warranties provided by manufacturers/distributors.

To engage in the highest ethical standards with the expectancy that others will also adhere to such standards in conducting their businesses. Good business practices benefit consumer, the business and our society.

To give the consumers the tools (information) and support to protect themselves and resolve matters themselves whenever possible.

About Susan Johnson Bates
Susan Johnson Bates brings into her legal practice a wealth of experience and understanding from a business as well as a personal point of view.

Ms. Bates has been a practicing attorney since 1983 and has practiced in the area of consumer law since 1988. She is licensed to practice in all the courts of the State of California as well as the United States Federal Court, Ninth District. Ms. Bates is member of the California Bar Association, Santa Clara County Bar Association, Silicon Valley Bar Association, Trail Lawyers of Santa Clara County, Association of Trial Lawyers of America, National Association of Consumer Advocates, Center for Auto Safety, and Consumers for Auto Reliability and Safety. She has been instrumental in the settlement of hundreds of cases including "lemon" buy-backs wherein the manufacturer returns to the consumer the entire purchase price and out-of-pocket costs including attorney's fees, and the buyer returns the vehicle which is then permanently branded as a "Lemon Law Buyback" on its registration.