California Lemon Law Fee Shifting: Pursue a Claim Without Paying Attorney’s Fees
- Lemon Law Man APC
- 5 days ago
- 4 min read
One of the most powerful and least understood features of California’s Lemon Law is its attorney’s fee-shifting provision. While many consumers worry that hiring a lawyer will be too expensive, the Song-Beverly Consumer Warranty Act was specifically designed to remove that financial barrier.
What Is Fee-Shifting?
Under the American legal system, each side typically pays its own attorney’s fees regardless of who wins the case. California’s Song-Beverly Consumer Warranty Act creates an important exception.
California Civil Code section 1794(d) provides that a prevailing buyer is entitled to recover reasonable attorney’s fees, costs, and expenses incurred in prosecuting a successful warranty claim. In other words, if the consumer prevails, the court may require the manufacturer to pay the consumer’s reasonable legal fees.
This is commonly referred to as a one way fee-shifting statute because it is intended to protect consumers, not manufacturers.
Why Did the Legislature Create This Rule?
Without fee shifting, many valid Lemon Law claims would never be pursued.
Consider a vehicle owner whose damages are worth $20,000 or $30,000. Litigating against a multinational automobile manufacturer could easily require hundreds of hours of attorney work, expert analysis, depositions, and court appearances. Most consumers simply could not afford to pay those costs out of pocket.
Recognizing this imbalance, the California Legislature enacted the Song Beverly Act to encourage manufacturers to honor their warranty obligations and to allow consumers meaningful access to the courts\. Courts have recognized that this provision encourages attorneys to represent consumers whose claims might otherwise be economically impractical.
How Does This Benefit Consumers?
The fee-shifting provision provides several significant advantages:
• Access to experienced legal representation. Many California Lemon Law attorneys are able to represent consumers without requiring hourly retainers because the statute authorizes recovery of reasonable attorney’s fees from the manufacturer if the consumer prevails.
• Equal footing with manufacturers. Automobile manufacturers typically have substantial legal resources. Fee-shifting helps ensure consumers can obtain qualified counsel to enforce their rights.
• Greater accountability. Manufacturers have an additional incentive to resolve legitimate claims promptly rather than forcing consumers into unnecessary litigation.
• Protection of consumer rights. The statute reflects California’s public policy of ensuring warranty protections have practical value, not merely theoretical rights.
Does Fee Shifting Mean Every Consumer Pays Nothing?
Not necessarily.
Although many California Lemon Law firms handle qualifying cases on a contingency basis or without requiring an upfront retainer, fee arrangements are determined between the attorney and the client. Consumers should always review and understand their representation agreement before hiring counsel.
Likewise, attorney’s fees are not automatic simply because a lawsuit is filed. The consumer generally must prevail on the Song-Beverly claim, and the court determines what attorney’s fees and litigation expenses were reasonably incurred.
Does the Manufacturer Always Have to Pay?
The fee-shifting statute generally applies when the consumer prevails in an action brought under the Song-Beverly Consumer Warranty Act.
Whether a consumer is considered the “prevailing buyer” depends on the outcome of the case and applicable California law. In many cases, attorney’s fees are resolved through settlement or by court order after judgment.
Fee Shifting Makes California Lemon Law Different
California’s Lemon Law is considered one of the strongest consumer protection statutes in the country in large part because of its fee-shifting provision.
Rather than forcing consumers to choose between accepting a defective vehicle or paying significant legal fees, the law allows many consumers to seek justice with experienced legal representation while placing the financial responsibility for successful claims on manufacturers that fail to comply with their warranty obligations.
Frequently Asked Questions
Can I afford a Lemon Law attorney?
In many cases, yes. Because California law allows prevailing consumers to recover reasonable attorney’s fees from the manufacturer, many Lemon Law attorneys represent qualified clients without requiring payment up front. The specific fee arrangement, however, depends on the attorney and should always be confirmed in a written fee agreement.
Does the fee shifting law apply to settlements?
Many Lemon Law cases resolve through settlement, and attorney’s fees are often addressed as part of the settlement agreement. How fees are handled depends on the terms negotiated by the parties.
What if I lose my Lemon Law case?
Every case is different. The Song-Beverly Act is primarily a consumer protection statute with a one way fee-shifting provision that benefits prevailing buyers. Consumers should discuss litigation risks and potential costs with their attorney before filing suit.
Final Thoughts
California’s fee-shifting provision is one of the most important protections available to consumers pursuing Lemon Law claims. By allowing prevailing buyers to recover reasonable attorney’s fees and litigation expenses, the Song-Beverly Consumer Warranty Act helps ensure that consumers can enforce their warranty rights regardless of their financial resources.
If you believe your vehicle may qualify as a lemon, speaking with an experienced California Lemon Law attorney early in the process can help you understand your rights, evaluate your claim, and determine the most effective path forward.
Additional resources provided by the author
Raymond Velarde - Lemon Law Man APC
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