The state of California has apparently fixed its budget issues, according to a report from the San Francisco Chronicle, and they even managed to listen to the voters this time. The plug for the $26 billion hole involves a series of major budget cuts as well as every accounting gimmick imaginable, but at least thus far no tax increases. The legislature agreed to a desperation move as well — drilling for oil off the coast of Santa Barbara:
Gov. Arnold Schwarzenegger and legislative leaders reached a tentative budget compromise Monday to plug a $26.3 billion deficit by making hefty cuts in education, health and welfare services, and taking billions of dollars from county governments.
The plan also includes allowing an offshore oil drilling project near Santa Barbara, keeping most state parks open and eliminating the Integrated Waste Management Board, which is led by political appointees, many of them former lawmakers, who earn six-figure salaries. Prison spending would be cut, but inmates would not be released early. …
The Legislature is scheduled to vote on the plan Thursday. Approval would allow the state to begin recovering from this latest fiscal disaster, in which it issued IOUs while its credit rating plummeted toward junk-bond status.
“We accomplished a lot in this budget agreement,” said Schwarzenegger, adding that negotiations at times were “like a suspense movie.”
The tentative deal contains about $15 billion in cuts, roughly $4 billion borrowed from local governments and the rest from various accounting gimmicks that include early collection of taxes, increasing withholdings and shifting $1 billion worth of state workers’ pay from the last day of this fiscal year to the next.
So much for the scare tactics of last May. Schwarzenegger and Democrats in Sacramento tried to buffalo Californians into voting for massive tax increases by insisting that failure of the referendums would result in releasing inmates, closing schools, and firing first responders. The electorate responded by voting against the tax hikes by 2-1 margins — and by limiting legislative pay, a proposition that passed with over 70% approval.
It looks as though the legislature and the governor finally got the message, although some of the gimmicks amount to kicking the can down the road. The state will borrow billions from the counties, money that they will have to repay with interest at some point. The cuts to education are also going to be reversed; the agreement sets up a kind of restitution that will bust the budget in 2012.
The most interesting part of the agreement was the reopening of Santa Barbara’s coastline to off-shore drilling. That will raise $100 million a year, which the Drill Here - Drill Now contingent has insisted would help the state balance its budget while lowering the cost of energy and providing jobs. The state has finally agreed, albeit very reluctantly. Ironically, it was a 1969 oil spill off of Santa Barbara that put the effort to ban off-shore drilling in the US into high gear. If California sees a big revenue spike from the new leases, perhaps they will open the entire coast and revive the oil-production industry in the state, and keep that cycle of jobs and energy going.
Source
Wednesday, October 7, 2009
Monday, September 28, 2009
CALIFORNIA LEMON LAW: AN ACT AGAINST MALFUNCTIONING OF AUTOMOBILE
California’s Song-Beverly Consumer Warranty Act, generally known as California lemon law is designed for the consumer whose vehicles get damage within a warranty period and not able to repair by their dealers. The term ‘lemon’ describe with the reference of experience faced by a buyer of newly purchased defected automobile. Whether you purchase car, truck, bike, bus, SUV’s in California you will get the benefit of lemon law if the vehicle is defected and can’t get repair with in a guaranteed period. Under such circumstance the owner will get the amount equal to its purchase or a comparable replacement.
The California lemon law is applicable when any automobile is making same problem again and again within in warranty period and the dealer is not able to repair them. Though the consumer cannot directly sue the manufacturer. There are certain provision and method to follow against such cases. This law provide protection and relief that your hard earn money will not get waste if something goes wrong while making purchase. With an increase in the demand of automobile many times damage occurs at the time of shipping. Many manufacturing companies provide lemon law facility on new buying to increase their sales. According to a research 99% cases goes in the favor of plaintiff.
The California lemon law has the provision under which the manufacturer is responsible to make payments for attorney’s fees. The law is economically feasible for people who are not able to bear the burden to hire a lawyer. Although it is a legal proceeding, documentation is important concern. The claim has to be done within first 18 months or 18,000 miles of use. Many a time dealer confused the consumer by giving mispresentation on law and called it as under Tanner Consumer Protection Act. Do not depend on their point of view. Search for your problem and claim your right even after 18 months or 18,000 miles of use.
Source
The California lemon law is applicable when any automobile is making same problem again and again within in warranty period and the dealer is not able to repair them. Though the consumer cannot directly sue the manufacturer. There are certain provision and method to follow against such cases. This law provide protection and relief that your hard earn money will not get waste if something goes wrong while making purchase. With an increase in the demand of automobile many times damage occurs at the time of shipping. Many manufacturing companies provide lemon law facility on new buying to increase their sales. According to a research 99% cases goes in the favor of plaintiff.
The California lemon law has the provision under which the manufacturer is responsible to make payments for attorney’s fees. The law is economically feasible for people who are not able to bear the burden to hire a lawyer. Although it is a legal proceeding, documentation is important concern. The claim has to be done within first 18 months or 18,000 miles of use. Many a time dealer confused the consumer by giving mispresentation on law and called it as under Tanner Consumer Protection Act. Do not depend on their point of view. Search for your problem and claim your right even after 18 months or 18,000 miles of use.
Source
Monday, September 7, 2009
About the 30 Day California Lemon Law
Purchasing a safe vehicle is a major household decision. No one wants to buy a vehicle that starts off great but ends up in costly repairs and time, regardless of your warranty coverage. We call these cars "lemons." There are actually laws that help protect consumers, should they buy a lemon. This article will tell you about lemon laws, specifically ones in California.
History of
The Lemon Law in California originates with the Song-Beverly Consumer Warranty Act. It's called the "lemon law" because lemon refers to vehicles that look good at first but ending up costing you money in repairs a short time after purchase. For a number of years consumers were tired of purchasing vehicles with seemingly no defects, but then, after a month or two, major repairs were having to be made at the consumer's cost. By 1982, the California Legislation enacted the Warranty Act to better protect consumers, placing certain restrictions on car manufacturers and sellers but also putting responsibilities on the purchaser. One of the provisions is that if a vehicle is out for more than 30 days for repair within 18 months or 18,000 miles, a consumer can qualify for Lemon Law protection. Note that not every state has a Lemon Law.
Benefits
This benefits both the consumer and the seller. With a Lemon Law guarantee, a vehicle retailer will be more restrictive in selecting which pre-owned vehicles to purchase and re-sell. The amount of paperwork, manpower and time it would take to buy back a "lemon" vehicle could cost the retailer more money out of pocket than he would have made selling the car. It can also protect the reputation of the seller and prevent bad word-of-mouth press since he'll continue to sell quality vehicles.
The consumer is obviously protected by knowing that if he purchases a vehicle, more than likely he is getting a quality purchase. In fact, many major manufacturers and car dealers promote selling certified, pre-owned vehicles that go under similar inspections as new vehicles right out of the factory. Should a consumer run into a defective vehicle, he is almost guaranteed to get a replacement or his money back, should he follow the proper procedures.
Function
Let's say you purchase a new lightweight vehicle for your family from a dealership and you have the dealer install accessory spoilers, floor carpets and an upgraded satellite radio system. The car is under a three-year warranty and runs fine for two weeks. But by the third week you notice that the engine cuts off in traffic. You've almost been hit by other cars, since it's happened at intersections. You've brought it back to the dealership twice for repairs, each time taking at least a week. On the third repair attempt, your car is out of commission for two more weeks, making it a total of 30 days. When you get it back, the mechanics say the engine is faulty and will never work properly.
According to the Lemon Law, you have a right to return the vehicle for refund or replacement, but there are certain restrictions. It is a family vehicle and under 10,000 pounds and still in warranty, so it meets Lemon Law requirements. And the car has been out for 30 days for repairs. But the dealer doesn't have to pay for any of the accessories and add-ons. He would pay for the original car plus taxes, registrations, etc.
Risk Factors
The Lemon Law is still a guide in all reality. If a judge deems that the mechanics made reasonable attempts to repair the vehicle and can prove that it wasn't the car's doing but the consumer's doing, your rights can be adjusted. Also, you have to prove that the vehicle's issues can cause endangerment to life or serious body injury. A faulty brake light may not be worth returning your vehicle under Lemon Law provisions if the other brake light still works. So use your best judgment, should you run into a situation where you think the Lemon Law could apply.
Expert Insight
Experts say that you should look up car ratings and values before making a purchase, especially for used or pre-owned vehicles. As mentioned earlier, many companies offer certified pre-owned vehicles. They cost a little bit more than a typical used car but have gone through inspections before being allowed for sale by the car dealer. Also, make sure that any contact information for the car's manufacturer is conspicuous or easily found on the owner's manual. That is also an aspect of the lemon laws in California. Knowing exactly what your warranty covers and your factory recommendations as outlined in the owner's manual can save you a trip or two to the dealer.
Source
History of
The Lemon Law in California originates with the Song-Beverly Consumer Warranty Act. It's called the "lemon law" because lemon refers to vehicles that look good at first but ending up costing you money in repairs a short time after purchase. For a number of years consumers were tired of purchasing vehicles with seemingly no defects, but then, after a month or two, major repairs were having to be made at the consumer's cost. By 1982, the California Legislation enacted the Warranty Act to better protect consumers, placing certain restrictions on car manufacturers and sellers but also putting responsibilities on the purchaser. One of the provisions is that if a vehicle is out for more than 30 days for repair within 18 months or 18,000 miles, a consumer can qualify for Lemon Law protection. Note that not every state has a Lemon Law.
Benefits
This benefits both the consumer and the seller. With a Lemon Law guarantee, a vehicle retailer will be more restrictive in selecting which pre-owned vehicles to purchase and re-sell. The amount of paperwork, manpower and time it would take to buy back a "lemon" vehicle could cost the retailer more money out of pocket than he would have made selling the car. It can also protect the reputation of the seller and prevent bad word-of-mouth press since he'll continue to sell quality vehicles.
The consumer is obviously protected by knowing that if he purchases a vehicle, more than likely he is getting a quality purchase. In fact, many major manufacturers and car dealers promote selling certified, pre-owned vehicles that go under similar inspections as new vehicles right out of the factory. Should a consumer run into a defective vehicle, he is almost guaranteed to get a replacement or his money back, should he follow the proper procedures.
Function
Let's say you purchase a new lightweight vehicle for your family from a dealership and you have the dealer install accessory spoilers, floor carpets and an upgraded satellite radio system. The car is under a three-year warranty and runs fine for two weeks. But by the third week you notice that the engine cuts off in traffic. You've almost been hit by other cars, since it's happened at intersections. You've brought it back to the dealership twice for repairs, each time taking at least a week. On the third repair attempt, your car is out of commission for two more weeks, making it a total of 30 days. When you get it back, the mechanics say the engine is faulty and will never work properly.
According to the Lemon Law, you have a right to return the vehicle for refund or replacement, but there are certain restrictions. It is a family vehicle and under 10,000 pounds and still in warranty, so it meets Lemon Law requirements. And the car has been out for 30 days for repairs. But the dealer doesn't have to pay for any of the accessories and add-ons. He would pay for the original car plus taxes, registrations, etc.
Risk Factors
The Lemon Law is still a guide in all reality. If a judge deems that the mechanics made reasonable attempts to repair the vehicle and can prove that it wasn't the car's doing but the consumer's doing, your rights can be adjusted. Also, you have to prove that the vehicle's issues can cause endangerment to life or serious body injury. A faulty brake light may not be worth returning your vehicle under Lemon Law provisions if the other brake light still works. So use your best judgment, should you run into a situation where you think the Lemon Law could apply.
Expert Insight
Experts say that you should look up car ratings and values before making a purchase, especially for used or pre-owned vehicles. As mentioned earlier, many companies offer certified pre-owned vehicles. They cost a little bit more than a typical used car but have gone through inspections before being allowed for sale by the car dealer. Also, make sure that any contact information for the car's manufacturer is conspicuous or easily found on the owner's manual. That is also an aspect of the lemon laws in California. Knowing exactly what your warranty covers and your factory recommendations as outlined in the owner's manual can save you a trip or two to the dealer.
Source
Thursday, August 20, 2009
Attorney Sergei Lemberg: Chrysler Bankruptcy Trustee Must Protect Consumers with Lemon Law Claims
“Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way,” said Sergei Lemberg, an attorney specializing in lemon law. That’s why Lemberg & Associates LLC (www.LemonJustice.com) on Wednesday urged the U.S. Trustee for Chrysler to appoint a committee of Statutory Law and Warranty Claim Holders for the duration of the automaker’s bankruptcy proceeding.
Stamford, CT (Advertiser Talk) 30-Jul-2009 — “Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way,” said Sergei Lemberg, an attorney specializing in lemon law. That’s why Lemberg & Associates LLC (http://www.lemonjustice.com) on Wednesday urged the U.S. Trustee for Chrysler to appoint a committee of Statutory Law and Warranty Claim Holders for the duration of the automaker’s bankruptcy proceeding.
According to Lemberg, “In its bankruptcy, Chrysler is not honoring claims for the tens of thousands of consumers who purchased defective vehicles and are entitled to lemon law relief, nor for the thousands of people who have breach of warranty claims but do not technically qualify for lemon law relief.”
Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way In its bankruptcy, Chrysler is not honoring claims for the tens of thousands of consumers who purchased defective vehicles and are entitled to lemon law relief, nor for the thousands of people who have breach of warranty claims but do not technically qualify for lemon law relief. In these difficult economic times, consumers who are targeted to receive little or nothing for their claims can’t afford to retain bankruptcy attorneys to represent their interests in Chrysler’s proceedings, yet every other entity with a significant interest is represented by counsel The U.S. trustee must fill this gaping hole by forming a committee for Statutory Law and Warranty Claim Holders. If the government doesn’t step in and assist consumers through the appointment of an Official Committee under the Bankruptcy Code, state lemon laws and the federal Magnuson-Moss Warranty Act aren’t worth the paper they’re printed on While it appears that Chrysler is consoling customers on radio and TV ads by saying that all is well and that’s it’s okay to buy Chrysler cards, in reality the company is playing a high-stakes ‘gotcha’ game with consumers. He noted that, although Chrysler’s bankruptcy filing indicated that the automaker’s warranty and return vehicle obligations would be assumed, pending settlements are not being honored, and that Chrysler intends to challenge lemon law and breach of warranty claims as unsecured claims that will receive little, if any, recovery in the Chrysler Chapter 11 case. Last Friday, Lemberg received an email from Chrysler’s consumer claims counsel for the Northeast, which read in part:
Source
Stamford, CT (Advertiser Talk) 30-Jul-2009 — “Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way,” said Sergei Lemberg, an attorney specializing in lemon law. That’s why Lemberg & Associates LLC (http://www.lemonjustice.com) on Wednesday urged the U.S. Trustee for Chrysler to appoint a committee of Statutory Law and Warranty Claim Holders for the duration of the automaker’s bankruptcy proceeding.
According to Lemberg, “In its bankruptcy, Chrysler is not honoring claims for the tens of thousands of consumers who purchased defective vehicles and are entitled to lemon law relief, nor for the thousands of people who have breach of warranty claims but do not technically qualify for lemon law relief.”
Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way Chrysler is bouncing checks, consumers are being ripped off, and the government is looking the other way In its bankruptcy, Chrysler is not honoring claims for the tens of thousands of consumers who purchased defective vehicles and are entitled to lemon law relief, nor for the thousands of people who have breach of warranty claims but do not technically qualify for lemon law relief. In these difficult economic times, consumers who are targeted to receive little or nothing for their claims can’t afford to retain bankruptcy attorneys to represent their interests in Chrysler’s proceedings, yet every other entity with a significant interest is represented by counsel The U.S. trustee must fill this gaping hole by forming a committee for Statutory Law and Warranty Claim Holders. If the government doesn’t step in and assist consumers through the appointment of an Official Committee under the Bankruptcy Code, state lemon laws and the federal Magnuson-Moss Warranty Act aren’t worth the paper they’re printed on While it appears that Chrysler is consoling customers on radio and TV ads by saying that all is well and that’s it’s okay to buy Chrysler cards, in reality the company is playing a high-stakes ‘gotcha’ game with consumers. He noted that, although Chrysler’s bankruptcy filing indicated that the automaker’s warranty and return vehicle obligations would be assumed, pending settlements are not being honored, and that Chrysler intends to challenge lemon law and breach of warranty claims as unsecured claims that will receive little, if any, recovery in the Chrysler Chapter 11 case. Last Friday, Lemberg received an email from Chrysler’s consumer claims counsel for the Northeast, which read in part:
Source
Monday, August 3, 2009
The Lemon Law in California
What is the California Lemon Law?
Simply put the California Lemon Law is an additional level of protection given to consumers in the State of California who purchase or lease vehicle that require repeated repairs or are in the repair shop for long periods of time while under the original manufacturer’s warranty.
When you purchase or lease a new automobile (or a used vehicle with a factory warranty) in the State of California, the Song-Beverly Consumer Warranty Act, better known as the California Lemon Law can be a very powerful tool when dealing with the giant vehicle manufacturers. The California Lemon Law covers new and used cars, pickup trucks, vans, SUVs as well as motor homes.
What does this law obligate the manufacturer to do for me if I qualify?
The automobile manufacturer is under obligation, if there are too many attempts to repair or if the vehicle is in the repair shop for a very long time, to either repurchase or replace the defective vehicle. There is no set number of repair attempts. Vehicle manufacturers are obligated to repair defects and are allowed a "reasonable" opportunity to do so. What is a "reasonable" number of attempts depends on the nature of the defect. If a defect is serious enough a "reasonable" number may be fewer than four, but more than one (For a more thorough explanation, see California Lemon Law.)
Unfortunately, even though this CA Lemon Law exists, many manufacturers/dealerships will ignore all or part of this law. As a result, many consumers are forced to seek out the services of a California Lemon Law Attorney to prosecute the client's potential lemon law claim effectively and in a timely manner.What does the law provide for the consumer? The California Lemon Law provides the consumer with appropriate compensation for buying a lemon. Under this law the California consumer is entitled to have their lemon vehicle either repurchased by the manufacturer or replaced. When a vehicle is repurchase by the manufacturer the consumer will get back their down payment, all monthly payments, registration fees and any other costs associated with the lemon vehicle less a deduction for the actual mileage on the vehicle.
To ensure the best possible results for California Lemon Law claims, CA Lemon Law Attorneys represent thousands of consumers throughout California.
Who qualifies for the Lemon Law in California?
The California Lemon Law covers new and used cars, pickup trucks, vans, SUVs as well as motor homes that are covered by the original manufacturer’s warranty.
Source
Simply put the California Lemon Law is an additional level of protection given to consumers in the State of California who purchase or lease vehicle that require repeated repairs or are in the repair shop for long periods of time while under the original manufacturer’s warranty.
When you purchase or lease a new automobile (or a used vehicle with a factory warranty) in the State of California, the Song-Beverly Consumer Warranty Act, better known as the California Lemon Law can be a very powerful tool when dealing with the giant vehicle manufacturers. The California Lemon Law covers new and used cars, pickup trucks, vans, SUVs as well as motor homes.
What does this law obligate the manufacturer to do for me if I qualify?
The automobile manufacturer is under obligation, if there are too many attempts to repair or if the vehicle is in the repair shop for a very long time, to either repurchase or replace the defective vehicle. There is no set number of repair attempts. Vehicle manufacturers are obligated to repair defects and are allowed a "reasonable" opportunity to do so. What is a "reasonable" number of attempts depends on the nature of the defect. If a defect is serious enough a "reasonable" number may be fewer than four, but more than one (For a more thorough explanation, see California Lemon Law.)
Unfortunately, even though this CA Lemon Law exists, many manufacturers/dealerships will ignore all or part of this law. As a result, many consumers are forced to seek out the services of a California Lemon Law Attorney to prosecute the client's potential lemon law claim effectively and in a timely manner.What does the law provide for the consumer? The California Lemon Law provides the consumer with appropriate compensation for buying a lemon. Under this law the California consumer is entitled to have their lemon vehicle either repurchased by the manufacturer or replaced. When a vehicle is repurchase by the manufacturer the consumer will get back their down payment, all monthly payments, registration fees and any other costs associated with the lemon vehicle less a deduction for the actual mileage on the vehicle.
To ensure the best possible results for California Lemon Law claims, CA Lemon Law Attorneys represent thousands of consumers throughout California.
Who qualifies for the Lemon Law in California?
The California Lemon Law covers new and used cars, pickup trucks, vans, SUVs as well as motor homes that are covered by the original manufacturer’s warranty.
Source
Friday, July 17, 2009
California Lemon Law
The Law Offices of Howard D. Silver represent victims of all types of automotive fraud in California. Our California lemon law lawyers help people who bought new cars get the refunds they're legally entitled to after months of fruitless repairs. And our consumer protection lawyers help people who are victims of used car fraud, auto repair fraud and other unfair business practices. If you bought a new vehicle, only to spend more time in the shop than on the road, you may have bought a "lemon" -- a new car that's simply no good. Most people spend thousands on new cars precisely to avoid having to spend lots of time and money on repairs -- but for owners of lemons, nothing seems to work. You may have repaired the same problem multiple times with no luck, had to fix multiple problems in a short period or have mechanical problems that simply make the vehicle unsafe. Under state law, you have the right to ask the dealer for either an exchange or a full refund -- your choice. If you need to sue a dealer to enforce that right, you should call the experienced lemon lawyers at the Law Offices of Howard D. Silver.
Under California lemon law, all consumers have the right to be free of unfair business practices. That means nobody in our state should be able to get away with lying, deceiving or misleading you in order to get your money. That right is especially important when automotive fraud is involved, because used cars and auto repair can be extremely expensive, straining the budgets of ordinary drivers who simply trusted the wrong people. If you've asked for a refund and gotten nothing back, it's time to take it to the courts, with help from the Law Offices of Howard D. Silver. In an unfair business practices lawsuit, you can recover the money you paid to a dishonest dealer or shop, hold them responsible for any other costs you incurred because of their fraud, and stop them from victimizing others.
Under California lemon law, all consumers have the right to be free of unfair business practices. That means nobody in our state should be able to get away with lying, deceiving or misleading you in order to get your money. That right is especially important when automotive fraud is involved, because used cars and auto repair can be extremely expensive, straining the budgets of ordinary drivers who simply trusted the wrong people. If you've asked for a refund and gotten nothing back, it's time to take it to the courts, with help from the Law Offices of Howard D. Silver. In an unfair business practices lawsuit, you can recover the money you paid to a dishonest dealer or shop, hold them responsible for any other costs you incurred because of their fraud, and stop them from victimizing others.
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