Explainer · The statute
Song-Beverly fee-shifting, in plain English
The reason an owner can hire a lemon-law firm without paying the firm anything out of pocket.
The provision
Cal. Civ. Code § 1794(d)
California's Song-Beverly Consumer Warranty Act does not just entitle a vehicle owner to a buyback, replacement or cash settlement when the manufacturer cannot repair a warranty defect. It also makes the manufacturer pay the owner's attorney fees on top of that recovery.
Section 1794(d) reads, in part: "If the buyer prevails in an action under this section, the buyer shall be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney's fees based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action."
What the firm does with it
Why the firm is paid by the manufacturer
Premier Legal Center takes California warranty cases on contingency. If the claim does not succeed, you owe the firm nothing. If it does, § 1794(d) means the manufacturer pays the firm's fees on top of what you receive — the fee is added to the judgment, not subtracted from your recovery.
This is why the firm can honestly tell you: a warranty claim does not cost you anything out of pocket to bring.
Think you have a Song-Beverly claim?
Start My Free Case ReviewAttorney Advertising disclaimer: Prior results do not predict or indicate a similar outcome in any future matter. The information on this page is general information about California law, not legal advice, and does not create an attorney-client relationship. If your vehicle is unsafe to drive, stop driving it and call the firm on (619) 235-0137. Figures from the federal safety regulator's record are estimates taken from the record on the date shown.