Texas Lemon Law Blog
Hyundai recently lost a California Lemon Law case over attorney fees in the Court of Appeals of California — Fourth Appellate District. The case revolves around Adina Vasquez’s purchase of a defective 2005 Hyundai Sonata. Vasquez hired a lemon law attorney and sued under the California Song-Beverly Act and the Magnuson–Moss Act.
Vasquez was able to get a repurchase on the vehicle, but the issue of attorney fees remain pending. Thereafter, Vasquez’s attorney sued for attorney fees in the amount of $51,012. Hyundai fought and the trial court agreed with Hyundai — it refused to award any attorney fees to Vasquez’s attorney. Vasquez’s attorney took the case to the Fourth Appellate District Court of California.
In its unpublished decision dated on October 13, 2009, the appellate court sided with Vasquez in stating that Vasquez’s attorney is entitled to “reasonable attorney fees.” The case is remanded back to the trial court to determine the reasonableness of $51,012.
For more information, click on this pdf.