Your check engine light comes on. You take your car to the dealer, they make a repair, clear the warning, and send you home. But the warning light comes back, and your transmission problems only get worse.
That exact scenario happened to one California plaintiff and her new 2023 Chevrolet Silverado 1500. After just one year, the truck began malfunctioning, and technicians replaced the transmission valve body.
But her Chevy Silverado defect problems continued. Over the next six months, she returned to the dealer five more times. Each time, the shop replaced parts without fixing the underlying issue.
Fortunately, California’s Song-Beverly Consumer Warranty Act protects consumers from defective vehicles. When a manufacturer fails to fix a serious warranty nonconformity after repeated repair attempts, consumers may have a General Motors lemon law claim.
Five repair visits, same problem: When GM can’t fix it
One repair attempt doesn’t necessarily qualify as a lemon law case. But ongoing repair attempts like warning lights, driving failures, and recurring transmission failure does.
In the plaintiff’s case, her Silverado became a rolling safety hazard in just six months:
- December 2024: The check engine warning appeared; technicians replaced the transmission valve body and performed software updates.
- March 2025: A second check engine light appeared, and technicians replaced coolant-control valves.
- April 2025: The Silverado would not reverse or exceed 30 mph; technicians replaced the transmission valve a second time.
- May 2025: A third check engine light appeared; technicians installed a third valve body replacement.
- June 2025: A fourth check engine light appeared; technicians replaced a fourth valve body.
After five trips to the shop, the plaintiff lost all confidence in her Silverado’s vehicle reliability.
What Is a Warranty Nonconformity?
Under California law, any defect that substantially impairs a vehicle’s use, value, or safety is known as a warranty nonconformity. Simply put, it’s any vehicle defect, malfunction, or failure that’s covered by the manufacturer’s original written warranty.
There are two types of warranties.
Express warranties
An express warranty is a clear written guarantee by a manufacturer that a product will meet certain standards or be free from defects for a specified period. For vehicles, the most common express warranties are:
- Bumper-to-bumper
- Powertrain
- Battery (EVs)
- Corrosion/rust
Implied warranties
Implied warranties are unwritten, legal guarantees that automatically promises an item will work, meet basic standards, and serve its ordinary purpose. There are two types: implied warranty of merchantability and implied warranty of fitness for a particular purpose.
A merchantability warranty guarantees a product is fit for its ordinary purpose. For example a toaster must safely toast bread, a washing machine must clean clothes, and a car or truck must transport you safely. If a product fails its basic purpose, the implied warranty of merchantability has been breached.
A fitness warranty applies when a seller knows a buyer’s specific, non-ordinary use for a product and the buyer relies on the seller’s expertise to choose it.
For example, a buyer tells a dealer they need a truck that can tow a 9,000-pound trailer, and the dealer then recommends a specific truck for that job. If the truck they recommended only tows 7,000-pounds safely, the warranty of fitness would be breached.
Manufacturer accountability
California law holds dealers and manufacturers like General Motors accountable when warranty repairs fail. If General Motors provided a GM warranty, it must:
- Honor all written and implied warranties.
- Fix covered defects within a reasonable time.
- Replace or refund a vehicle if it can’t be repaired after a reasonable number of attempts.
Filing a Lemon Law lawsuit against General Motors
When it was clear her truck couldn’t be fixed, the plaintiff sent a GM repurchase demand asking for a full buyback. General Motors acknowledged the problems, but made a lowball offer she couldn’t accept. Left with no choice, she filed a lemon law complaint to hold them accountable for manufacturer liability.
Under Song-Beverly § 1794, drivers harmed by an express or implied warranty breach can recover actual damages, including:
- repair costs
- a refund or replacement (minus a mileage offset)
- incidental and consequential damages
- attorney fees
In some cases, courts may award a civil penalty up to two times actual damages for willful violations.
Has your GM vehicle been in and out of the shop? Is the manufacturer stalling or offering an unfair settlement? Don’t face them alone. Let Brennan Law protect your rights and help you secure the maximum compensation you deserve.
Call us today.