Our Successes

KABOB attorneys have been able to obtain favorable settlements without having to go to trial in about 98% of our lemon law cases. However, unlike other law firms, we are prepared to go to trial if necessary. In fact, we have tried and won more lemon law cases than any other law consumer law firm in California. Unfortunately, there are many attorneys out there that have never tried a lemon law case, let alone prosecuted a successful appeal.

Results of recent jury trials:

Verakis v Monaco Coach Corporation, Civil No. AS05906 (Sacramento County Superior Court)

In 2004, the jury ordered Monaco Coach Corporation to buy back the lemon motor home and awarded a total judgment of $312,444 against Monaco Coach Corporation. 

Sanbeck v Fleetwood Motor homes, Civil No. 68541 (Nevada County Superior Court)

In 2003, the jury awarded the Sanbecks their actual damages of $49,866 and a civil penalty of $10,000 against Fleetwood Motor homes. In addition, Fleetwood was ordered to pay KABOB's attorney's fees.

Harvill v Fleetwood Motorhomes, Civil No. 315725 (San Francisco Superior Court)

In 2002, the jury awarded Ms. Harvill her actual damages of $103,500 and a civil penalty of $103,500 against Fleetwood Motor homes. Fleetwood also had to pay KABOB's attorney's fees.

Palmer v Fleetwood Motor homes, Civil No. 009496 (San Joaquin County Superior Court)

In 2001, the jury awarded the Palmers their actual damages of $87,018 and a civil penalty of $65,000 against Fleetwood Motor homes. In addition, Fleetwood was ordered to pay KABOB's attorney's fees.

Our Published Appellate Victories:

Kemnitzer, Anderson, Barron Ogilvie & Brewer has been at the forefront of consumer protection issues in California's Appellate Courts for over 22 years. The following are some of the many published victories in which prevailed and now stand as the voice of authority on all trial courts in California:

Graham v DaimlerChrysler, Civil BC21564 (Los Angeles Superior Court)

A class action lawsuit against DaimlerChrysler alleging that the Dakota RT trucks' towing capacity was far less than advertised. As a result of the lawsuit, the manufacturer quickly offered to buy back or replace all the trucks affected by the lawsuit.

Gutierrez v AutoWest, et al (2003) 114 Cal.App.4th 77

Held that it is unconscionable to require consumers to pay unaffordable fees to initiate arbitration, and consumers are entitle to protection from the imposition of unreasonable forum fees.

Bank of America v Lallana (1998) 19 Cal.4th 203

Rights of consumers to get proper notice of the sale of repossessed cars upheld in the California Supreme Court.

Damian v Tamondong (1998) 65 Cal. App. 4th 1115

Right to obtain attorney fees for the consumer's attorney in Automobile Sales Finance Act cases.

Jensen v BMW of North America (1995) 36 Cal. App. 4th 112

Affirmed that consumers who buy used cars with the balance of the new car warranty are entitled to the protection of the California lemon law.

Music Acceptance Corp v Lofing (1995) 32 Cal. App. 4th 61

Established that owner of a "lemon" piano had rights as against the finance company.

Kwan v Mercedes-Benz of N.A. (1994) 23 Cal. App. 4th 174

Established standards for lemon car owners' claims for a civil penalty to punish manufacturers that fail to repurchase or replace lemon cars without a lawsuit.

Ibrahim v Ford Motor Co. (1989) 214 Cal. App. 3d 878

Established that consumers may continue to drive lemon cars without losing their lemon law rights.

Drouin v. Fleetwood Enterprises (1985) 163 Cal.App.3d 486

Established attorneys' fees awarded need not be apportioned between distinct causes of action where the claims involve a common core of acts or are based on related legal theories and that fees awarded need not be tied to a percentage of recovery.