Consumer Fee-Shifting Statute: Plaintiff Obtains Fee Recovery In Lemon Law Case Against GM

Second District, Division 1 Affirms Substantial Judgment in Favor of Lemon Law Plaintiff.

    California’s Lemon Law, codified in the Song-Beverly Act (Civ. Code, § 1790 et seq.), has a mandatory fee-shifting provision in favor of prevailing plaintiffs.  (See Civ. Code, § 1794(d).)  The next decision affirmed a substantial judgment, inclusive of compensatory damages, prejudgment interest, penalties, and fees/costs in favor of the prevailing Lemon Law plaintiff.

 

    The Second District, Division 1, in Lukather v. General Motors, LLC, Case No. B209979 (2d Dist., Div. 1 Feb. 4, 2010) (certified for publication), affirmed an aggregate $185,306.57 judgment in favor of Lemon Law plaintiff, broken down this way:  about $66,000 for compensatory damages and prejudgment interest; about $61,400 in civil penalties authorized under the Act; and $57,755.69 in attorney’s fees, costs, and expenses. 

 

    BLOG UNDERVIEW—The winning plaintiff attorney was Lawrence J. Hutchens, who co-contributor Mike has litigated against.  Mike sends his congratulations.