Serving San Jose, Santa Clara County · Song-Beverly Act · No Fee Unless You Win
If you purchased or leased a vehicle in San Jose and have experienced repeated, unfixed defects, California’s Song-Beverly Consumer Warranty Act may entitle you to a full repurchase or replacement at no cost to you. America’s Lemon Lawyer represents San Jose residents throughout Santa Clara County — and the manufacturer pays all attorney fees when we prevail.
San Jose is home to approximately 1,013,240 residents and is one of California’s active automotive markets. Vehicles purchased from dealerships along Story Rd, Tully Rd, and surrounding corridors are fully covered under the Song-Beverly Act from the date of purchase.
Lemon law cases for San Jose residents are handled at the Santa Clara County Superior Court, 191 N. First St.. Under Cal. Civ. Code § 1794, you are entitled to file in the county where the vehicle was purchased or where you reside — which for most San Jose residents means Santa Clara County Superior Court.
In practice, the vast majority of California lemon law cases resolve through settlement before trial. Our attorneys handle all court filings, appearances, and negotiations on your behalf. You never need to appear in court unless you choose to.
San Jose drivers travel major corridors including US-101, I-680, I-280, SR-87, SR-85 daily. Defects like transmission shuddering, electrical failures, brake issues, and powertrain problems often become apparent at highway speeds or during stop-and-go traffic on Story Rd, Tully Rd, Capitol Expressway, Blossom Hill Rd.
Under the Song-Beverly Act, the location where you first noticed the defect does not matter — what matters is that the vehicle was purchased or leased in California and remains under the original manufacturer’s warranty when the defect first appeared. Defects discovered on San Jose roads are fully covered.
California’s Song-Beverly Consumer Warranty Act (Cal. Civ. Code §§ 1790–1795.8) is one of the strongest consumer protection laws in the country. It covers new and certified pre-owned vehicles purchased or leased anywhere in California, including San Jose and throughout Santa Clara County.
Under Cal. Civ. Code § 1793.22, the lemon law presumption is triggered when:
Once triggered, the burden shifts to the manufacturer to prove your vehicle is not a lemon. Under Cal. Civ. Code § 1794(d), the manufacturer must pay your attorney’s fees if you prevail — so qualified lemon law representation in San Jose costs you nothing out of pocket.
If your vehicle qualifies as a lemon, the manufacturer may be required to:
Step 1: Document every repair visit. Keep all repair orders and dealer invoices. Each visit to an authorized dealer counts as a repair attempt, even if the dealer says nothing is wrong.
Step 2: Keep returning for repairs. You must give the manufacturer a reasonable opportunity to fix the defect. Visit authorized dealers — including those near US-101 and throughout Santa Clara County.
Step 3: Contact America’s Lemon Lawyer. Once you believe the threshold has been met — 4 attempts, 2 for safety defects, or 30 days out of service — call 877-LEMON-20 for a free case evaluation. We serve all of San Jose and Santa Clara County.
Step 4: Let us send the demand letter. We send the manufacturer a formal demand letter. Most California lemon law cases resolve through negotiation without going to trial.
Yes. Any vehicle purchased or leased in California — including San Jose — is covered by the Song-Beverly Consumer Warranty Act. It does not matter which dealership you bought from or which city you live in, as long as the vehicle was purchased in California and remains under the manufacturer’s original warranty.
San Jose lemon law cases are typically filed at the Santa Clara County Superior Court, 191 N. First St.. However, because most cases settle before reaching trial, you will likely never need to appear in court at all.
You are not required to have an attorney, but having one significantly improves your outcome. Under Cal. Civ. Code § 1794(d), the manufacturer pays your attorney’s fees if you prevail — meaning representation is free to you if your case succeeds. America’s Lemon Lawyer serves all of San Jose and Santa Clara County.
The deadline depends on whether your vehicle’s manufacturer has opted into California’s updated lemon law procedures under AB 1755. If your manufacturer opted in, you must file within one year after your express warranty expires, and no later than six years from the original date of vehicle delivery — whichever comes first. If your manufacturer has not opted in, the prior rule applies: you generally have four years from when you first discovered or should have discovered the defect. Because the deadline varies by manufacturer and circumstances can affect tolling, contact us promptly to preserve your rights.
Vehicles purchased or leased from dealerships serving San Jose — including Honda of Stevens Creek, Stevens Creek Toyota, and Capitol Chevrolet — are fully covered under California’s Song-Beverly Consumer Warranty Act from the date of purchase. If you experienced repeated defects after buying or leasing from any San Jose area dealer, you may be entitled to a full repurchase, replacement vehicle, or cash settlement at no cost to you.
We also represent lemon law clients in nearby California cities, including Santa Clara Lemon Law Attorney, Campbell Lemon Law Attorney, Milpitas Lemon Law Attorney, Cupertino Lemon Law Attorney, Sunnyvale Lemon Law Attorney, Morgan Hill Lemon Law Attorney, and Los Gatos Lemon Law Attorney.
If your vehicle has had 2 or more repair attempts for the same defect, you may qualify for a full repurchase. San Jose drivers pay nothing unless we win.
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