If your new or used vehicle in Rancho Santa Margarita has persistent defects that the manufacturer or dealer will not fix, pursuing court litigation under California’s lemon law may be necessary. This page explains how litigation works, what plaintiffs can expect during the process, and how a focused legal approach can help protect your rights under state law. Law Republic APC handles cases across Orange County and provides clear guidance about filing deadlines, damages that may be available, and the kinds of documentation and evidence that strengthen a lawsuit in local courts.
Court litigation for lemon law cases can be a lengthy and detailed process that demands careful preparation, from compiling repair records to meeting procedural requirements in California courts. For Rancho Santa Margarita residents, understanding local court practices, statutory timelines, and negotiation strategies is important before filing a complaint. This guide outlines the litigation pathway, settlement expectations, and potential outcomes such as vehicle repurchase or replacement and compensation for diminished value, incidental costs, and reasonable attorney fees when the law allows.
Litigating a lemon law claim in court can provide remedies that informal negotiation or dealer arbitration may not achieve. When a manufacturer refuses a fair remedy, filing suit preserves statutory rights under California law and can result in a court-ordered repurchase, replacement, or monetary award that includes repairs, incidental expenses, and attorney fees when appropriate. For Rancho Santa Margarita vehicle owners, litigation can also create leverage for achieving full compensation for diminished value and related losses, especially where warranty violations are clear and documentation supports the pattern of recurring defects.
Law Republic APC serves clients in Rancho Santa Margarita and throughout Orange County on lemon law and consumer protection matters. The firm emphasizes practical, client-focused representation that prioritizes timely communication, thorough case development, and aggressive negotiation when appropriate. Attorneys work to collect repair histories, expert opinions, and mitigating evidence needed for court. Clients receive clear explanations of legal options, potential outcomes, and procedural steps so they can make informed decisions about whether to pursue settlement or move forward with litigation in California courts.
California lemon law litigation involves statutory claims under the Song-Beverly Consumer Warranty Act and related statutes that protect consumers when a new or covered used vehicle has substantial defects that impair its use, value, or safety. In Rancho Santa Margarita, plaintiffs must demonstrate that the vehicle was subject to a reasonable number of repair attempts or that a serious safety defect existed. Preparing a case for court includes gathering repair invoices, warranty records, dealership communications, and testimony about how the defect affected daily use and safety.
Filing a lawsuit triggers formal discovery, potential depositions, and the opportunity for court-ordered remedies. Plaintiffs should be prepared for procedural motions, evidence exchanges, and scheduling that follows California civil procedure. The litigation pathway can include settlement negotiations at any stage, mediation, or trial if no acceptable resolution is reached. Understanding these phases helps Rancho Santa Margarita vehicle owners set realistic expectations for timing and possible compensation while working to protect their legal rights.
A lemon law claim in California arises when a vehicle covered by a manufacturer’s express warranty has defects that substantially impair its use, value, or safety, and those defects are not repaired after a reasonable number of attempts. The law applies to new vehicles and certain used vehicles still under warranty. Important elements include proof of purchase or lease, warranty coverage during the defect period, documented repair attempts, and evidence showing the defect persisted despite efforts to fix it. Clear records and timely notice to the manufacturer are central to a successful claim in court.
Successful litigation relies on well-documented proof of defects, repair histories, and communications with the dealer and manufacturer. Plaintiffs must establish warranty coverage, the chronology of repair attempts, and the ongoing nature of the problem. The litigation process typically includes filing a complaint, discovery to exchange evidence, depositions of involved parties and technicians if needed, and motions that may narrow disputed issues. Mediation or settlement conferences often occur, but when litigation proceeds to trial, a judge or jury will evaluate the sufficiency of the evidence and determine appropriate remedies under California law.
This glossary clarifies terminology commonly encountered in California lemon law litigation, including warranty coverage, reasonable repair attempts, repurchase remedies, and incidental damages. Understanding these terms helps Rancho Santa Margarita residents follow court procedures and make informed choices about settlement or trial. The definitions below focus on how courts interpret warranty obligations, evidence standards, and remedies that may be available when a manufacturer fails to provide a workable remedy within a reasonable timeframe.
Reasonable repair attempts refer to the number and nature of service visits required to give the manufacturer a fair chance to cure a defect. California law does not list a fixed number for every case; instead, courts consider the defect’s severity, whether repairs addressed the problem, and the amount of time the vehicle was out of service. Documentation of each service visit, repair orders, and communications with the dealer strengthens a claim that the manufacturer failed to provide a timely and effective remedy, which is central to a lemon law lawsuit.
The repurchase or replacement remedy occurs when a court orders the manufacturer to either buy back the vehicle or provide a comparable replacement unit. Under California law, courts may calculate the buyback amount by considering the original purchase price, mileage, usage, and an offset for the consumer’s use of the vehicle. Repair records, the history of unresolved defects, and statutory provisions guide how the remedy is computed. These remedies aim to return the consumer to a position similar to before the purchase of a defective vehicle.
Incidental and consequential damages include out-of-pocket expenses related to the defect, such as towing, rental car costs, and loss of use, as well as other foreseeable losses caused by the vehicle’s failure. California law allows recovery of some of these costs when they directly result from the manufacturer’s breach of warranty. Documenting receipts, alternative transportation costs, and other related expenses demonstrates the financial impact of the defect and can increase the potential recovery in litigation or settlement discussions.
In many lemon law cases in California, the prevailing consumer may be entitled to reasonable attorney fees under state statutes. Fee shifting encourages meritorious claims by offsetting legal costs when a consumer prevails against a manufacturer. Courts evaluate fee requests for reasonableness based on hours worked, prevailing rates, and results obtained. Documentation of time, tasks performed, and the case outcome supports a fee request, which can be an important factor for Rancho Santa Margarita plaintiffs considering the financial feasibility of pursuing litigation.
When facing a persistent vehicle defect, consumers can pursue informal resolution with the dealer or manufacturer, seek arbitration if available, or proceed to court litigation. Informal approaches may yield quick repairs or concessions but can lack enforceability and full remedies. Arbitration can be faster but may limit discovery and remedies. Litigation offers formal discovery, legal remedies, and potential fee recovery but involves procedural complexity and time. Rancho Santa Margarita residents should weigh the tradeoffs of speed, enforceability, and potential compensation when choosing the path that best protects their legal interests.
A limited approach may be appropriate when the defect is minor, isolated, and quickly resolved by a single repair at the dealership under warranty. If the issue is cosmetic, has no impact on safety or performance, and the dealer promptly fixes it to the consumer’s satisfaction with the problem not recurring, formal litigation might be unnecessary. Ranchos Santa Margarita vehicle owners facing such situations can often obtain a satisfactory outcome through direct communication and documented service repairs without escalating to arbitration or court.
When a manufacturer promptly offers a full remedy, such as completing effective repairs or offering a fair repurchase, consumers may avoid litigation. If the resolution addresses the defect in a way that restores the vehicle’s safety and value, and if the consumer receives written confirmation of the remedy, pursuing further legal action may be unnecessary. For Rancho Santa Margarita residents, obtaining clear documentation of any settlement or repurchase is important to prevent future disputes and to verify that the problem has been fully addressed.
When a vehicle returns to the shop repeatedly for the same serious defect, a comprehensive litigation strategy can preserve legal claims and gather persuasive evidence. Litigation allows for formal discovery to obtain internal manufacturer records and communications that can demonstrate a pattern of failure. For Rancho Santa Margarita plaintiffs, building a thorough factual record, including technician testimony and expert analysis where appropriate, increases the likelihood of achieving a meaningful remedy when informal efforts have failed.
If the manufacturer denies warranty responsibility or proposes an inadequate settlement, moving to litigation may be necessary to secure fair compensation. A well-prepared complaint and litigation plan can pressure parties toward a reasonable resolution, and when cases proceed, courts can award remedies that informal negotiations cannot. Rancho Santa Margarita consumers facing dismissive or low settlement offers often benefit from a legal approach tailored to preserve statutory claims and pursue full relief available under California law.
A comprehensive litigation approach provides structured discovery tools to obtain necessary evidence, formal avenues to challenge the manufacturer’s defenses, and the potential for court-ordered remedies that may include buyback, replacement, or monetary awards. It also creates leverage in negotiations and can result in recovery of incidental costs and attorney fees when statutes permit. Rancho Santa Margarita vehicle owners contemplating litigation should consider the benefit of a complete record that supports a strong claim and maximizes the possibility of full relief under California law.
Comprehensive representation helps coordinate investigative steps, preserve critical documentation, and sequence litigation tasks to meet procedural deadlines. By anticipating defenses and planning discovery strategically, plaintiffs increase their chances of success at mediation, settlement conferences, or trial. For residents of Rancho Santa Margarita, the benefit of this approach includes clearer expectations about timing, likely outcomes, and the financial implications of pursuing a claim versus accepting a limited settlement, allowing more informed decisions about next steps in the litigation process.
Formal discovery allows plaintiffs to request internal documents, service bulletins, and communications that can demonstrate the manufacturer’s knowledge of a defect and the inadequacy of repair attempts. Depositions of technicians and warranty personnel can further illuminate whether repairs were properly performed. For Rancho Santa Margarita plaintiffs, this process often exposes facts that strengthen a demand for repurchase or replacement and helps quantify damages such as diminished value and incidental expenses required to support a comprehensive claim in court.
In California lemon law litigation, successful plaintiffs may obtain remedies that include vehicle repurchase or replacement, compensation for incidental costs, and recovery of reasonable attorney fees under applicable statutes. This combination can make litigation financially practical for Rancho Santa Margarita vehicle owners when informal options fail. By seeking full remedies and documenting expenses and losses, plaintiffs may achieve a comprehensive settlement or judgment that more fully addresses the harms caused by a defective vehicle and the costs incurred while attempting to secure a cure.
Document every service visit, including dates, odometer readings, repair orders, and descriptions of the work performed. Keep copies of all receipts, rental car invoices, and communications with the dealer or manufacturer. These records form the backbone of a lemon law claim in California and are essential evidence in litigation. For Rancho Santa Margarita vehicle owners, organizing repair histories chronologically and storing digital copies makes it easier to produce evidence during discovery and supports a clearer narrative about the defect’s persistence and impact on vehicle use and safety.
Keep receipts for towing, rental transportation, lodging, and other out-of-pocket expenses related to the defective vehicle. These incidental costs may be recoverable in litigation and help quantify the financial impact of the defect. Clear documentation supports requests for reimbursement during settlement negotiations or court proceedings. Rancho Santa Margarita consumers should also track time spent dealing with the defect, as documentation of lost use and related expenses can strengthen claims for damages beyond repair costs and contribute to a more complete recovery.
Consider litigation when repeated repairs fail to fix a safety-related defect or substantially impair vehicle use and the manufacturer has not offered a reasonable resolution. Litigation can provide formal remedies and enforceable outcomes when informal avenues are exhausted. For Rancho Santa Margarita vehicle owners, pursuing court action may be the only way to obtain repurchase or replacement and compensation for incidental losses. The decision to file should weigh the strength of documentation, the seriousness of the defect, and the consumer’s goals for a full remedy under California law.
Another reason to litigate is when a manufacturer’s settlement offers fail to cover diminished value, incidental costs, or reasonable compensation for lost use. Court proceedings allow for broader discovery and evaluation of internal records that can support a larger recovery. Rancho Santa Margarita residents evaluating litigation should consult with counsel to assess the likelihood of success, the potential remedies available, and the financial considerations involved in advancing a claim to resolution through the California court system.
Typical situations that lead consumers to litigate include recurring mechanical failures after multiple repair attempts, major safety defects that remain unresolved, and manufacturers’ refusal to repurchase or replace a defective vehicle. Other circumstances include repeated electronic issues, transmission failures, or defects that substantially reduce the vehicle’s resale value. Rancho Santa Margarita vehicle owners facing these patterns often need litigation to enforce warranty rights and secure remedies that adequately address the persistent nature and consequences of the defect.
When the same defect recurs despite multiple repair attempts and the repair history shows little or no lasting improvement, litigation may be necessary to compel a remedy. Documenting each service visit and the recurring nature of the problem is critical for showing that the manufacturer had a reasonable opportunity to fix the issue but failed to do so. For Rancho Santa Margarita residents, this evidence forms the basis of a strong lemon law claim and supports requests for repurchase, replacement, or monetary damages under California law.
If a defect affects the safety of the vehicle, such as braking, steering, or airbag deployment, and repairs do not fully resolve the issue, litigation can provide a path to obtain a remedy that protects the consumer and others on the road. Safety-related defects are treated seriously in California courts and can justify an aggressive approach to preserve legal rights. Rancho Santa Margarita vehicle owners who experience unresolved safety problems should promptly document the issue and consider legal action to seek a protective and compensatory outcome.
When the manufacturer declines to negotiate in good faith or offers settlements that do not address the full scope of damages, pursuing litigation may be the most effective method to obtain a fair remedy. Court actions enable formal discovery to uncover facts that support a stronger claim and increase settlement leverage. Rancho Santa Margarita plaintiffs may use litigation to secure complete relief, including buyback or replacement and reimbursement for incidental losses that informal negotiations failed to cover.
Law Republic APC assists residents of Rancho Santa Margarita with the legal and practical steps involved in pursuing lemon law claims through litigation. The firm offers guidance on documenting repair histories, preserving evidence, and evaluating settlement offers. Clients receive support navigating the procedural requirements of California courts, from filing deadlines to discovery obligations. The goal is to provide clear, responsive legal representation that helps clients pursue a fair remedy and understand the realistic timeline and outcomes associated with court litigation.
Law Republic APC focuses on consumer protection and roadside warranty matters, providing representation tailored to lemon law litigation in Orange County. The firm guides clients through evidence collection, demands, and formal filings while communicating candidly about potential outcomes. Rancho Santa Margarita residents benefit from a local perspective on court practices and negotiation strategies that reflect the realities of litigation in California. Clear communication, attentive case management, and a focus on achieving practical results define the firm’s approach to representation.
Clients receive personalized attention to ensure repair records, correspondence, and incidental expense documentation are complete and logically presented. Law Republic APC helps structure discovery requests and prepares witnesses to support claims effectively. This preparation enhances the chances of a favorable settlement or judgment. Rancho Santa Margarita vehicle owners considering litigation will find assistance in evaluating offers, understanding statutory remedies, and pursuing relief that aligns with their goals and the procedural demands of California courts.
Throughout the litigation process, the firm emphasizes responsiveness and transparency about costs, timelines, and potential outcomes so clients can make informed choices at each stage. Law Republic APC aims to minimize surprises while pursuing remedies like repurchase, replacement, reimbursement of incidental costs, and other appropriate damages. For residents of Rancho Santa Margarita, the firm’s service includes coordinating necessary investigative steps, pursuing discovery, and negotiating with manufacturers or their counsel to seek a fair and enforceable resolution.
At Law Republic APC, the litigation process begins with a thorough case intake where repair records, warranty documents, and communications are reviewed to assess the strength of the claim. The firm then prepares a formal demand and, if needed, files a complaint in the appropriate California court. Discovery follows, which may include document requests, interrogatories, and depositions. The firm pursues settlement negotiations when appropriate and prepares for trial if necessary, keeping clients informed about strategy and progress throughout the case.
The first phase focuses on assembling the factual record by collecting all repair invoices, dealership communications, warranty information, and any records of out-of-pocket expenses. This stage includes interviewing the client to understand how the defect affected vehicle use and safety and identifying witnesses or technicians who can testify. For Rancho Santa Margarita clients, careful organization at this phase is essential to develop a persuasive chronology of repair attempts and to prepare for written discovery and other litigation tasks that follow in California court proceedings.
Preserving and organizing documentation early enhances the case’s credibility and efficiency during discovery. Clients should gather repair orders, receipts, service bulletins, and email exchanges with the dealer or manufacturer. Photographs and logs of recurring problems also help. Law Republic APC assists Rancho Santa Margarita clients with best practices for creating a clear and accessible case file that can be produced when requested and used to substantiate claims about the defect’s persistence and impact on vehicle value and safety.
Before filing suit, a formal demand letter is often sent to the manufacturer describing the defect, repair history, and proposed remedy. This demand can prompt settlement discussions and sometimes resolves disputes without litigation. The demand sets out the factual basis for the claim and the legal remedies sought. For Rancho Santa Margarita vehicle owners, a well-documented demand enhances the chance of a fair resolution and creates a record that supports later court claims if litigation becomes necessary.
After filing a complaint, the discovery phase enables parties to request documents, take depositions, and exchange information that clarifies disputed issues. Discovery can reveal internal manufacturer communications, repair procedures, and evidence of similar complaints that strengthen a consumer’s claim. Law Republic APC prepares Rancho Santa Margarita clients for the scope of discovery, assists in drafting precise requests, and manages responses to ensure critical information is obtained in support of claims for repurchase, replacement, or monetary damages under California law.
Written discovery tools such as interrogatories and document requests compel disclosure of repair protocols, warranty policies, and any internal reports related to the defect. These materials can be pivotal in showing that the manufacturer knew about recurring problems or that repairs were ineffective. The firm crafts targeted discovery requests to obtain the most relevant evidence and evaluates responses for use in settlement negotiations or trial preparation on behalf of Rancho Santa Margarita clients.
Depositions of dealership staff, repair technicians, and manufacturer representatives can uncover factual details and admissions that are not evident from written records alone. Preparing the client and possible witnesses for deposition is important to present clear and consistent testimony. Law Republic APC offers guidance and coaching to Rancho Santa Margarita clients to ensure that deposition testimony supports the case narrative and helps establish the timeline and severity of the defect for the court.
Following discovery, parties often engage in settlement discussions or mediation to attempt resolution before trial. Mediation can provide a structured environment for negotiating a fair outcome supported by the evidence uncovered during discovery. If no acceptable settlement is reached, trial preparation continues with motion practice, witness preparation, and trial exhibits. Rancho Santa Margarita plaintiffs should expect a trial-ready strategy that positions the case to achieve remedies available under California’s lemon law statutes.
Mediation offers a neutral forum where both sides present positions and a mediator facilitates negotiations to reach a settlement. This alternative can save time and costs compared to trial while still yielding enforceable agreements. Preparation for mediation includes assembling the strongest evidence, presenting a clear damages calculation, and outlining the legal basis for relief. For Rancho Santa Margarita consumers, mediation is often an effective step to resolve lemon law disputes without the uncertainty of a jury trial.
If the case proceeds to trial, thorough preparation includes witness preparation, drafting persuasive opening statements and closing arguments, and organizing documentary evidence into a cohesive presentation. The court evaluates whether the defect substantially impaired the vehicle and what remedy is appropriate under California law. Law Republic APC assists Rancho Santa Margarita clients through this stage, ensuring evidence is admissible and testimony communicates how the defect affected vehicle safety, use, and value to support a fair judicial outcome.
A vehicle may qualify as a lemon under California law if it remains defective after a reasonable number of repair attempts under the manufacturer’s express warranty and the defects substantially impair its use, value, or safety. The law covers new vehicles and certain used vehicles still under warranty. The particular facts of each situation matter, including the frequency of repairs, the severity of the defect, and whether a safety issue is involved. Documenting every service visit and communications with the dealer or manufacturer helps establish whether the statutory conditions are met. Courts assess whether repair attempts were reasonable in light of the defect’s severity and the impact on the vehicle’s operation. For Rancho Santa Margarita residents, presenting a clear chronology of repair visits, repair orders, and evidence of continued malfunction strengthens the case. If the vehicle fails to be repaired after repeated attempts or if a serious safety problem persists, legal remedies such as repurchase, replacement, or monetary compensation may be available under state law.
Statutes of limitation govern how long you have to file a lemon law lawsuit in California. The specific time limit can depend on whether you bring a claim under warranty statutes or common law theories, and sometimes the clock starts when the defect is discovered or when repair attempts conclude. It is important to consult promptly because delays can affect the availability of legal remedies and may complicate evidence collection for a Rancho Santa Margarita case. Even if you are uncertain about deadlines, preserving repair records and communications is crucial while you seek legal guidance. Early consultation helps ensure compliance with filing deadlines and allows time to prepare the documentation and evidence necessary for a viable claim. Timely action increases the prospects of a successful outcome when proceeding to litigation against a manufacturer.
Remedies in lemon law litigation can include repurchase or replacement of the defective vehicle, reimbursement for incidental or consequential damages, and compensation for diminished value depending on the circumstances. Under California statutes, courts may order the manufacturer to buy back the vehicle or provide a comparable replacement, often with an offset for the consumer’s use. Recoverable incidental costs typically include towing, rental car expenses, and other out-of-pocket losses directly tied to the defect. The precise remedies available depend on the facts of the case, the terms of the warranty, and applicable statutory provisions. For Rancho Santa Margarita plaintiffs, assembling complete records of expenses and losses is essential to quantify damages and present a persuasive claim for the full range of relief permitted by California law, including attorney fees when statutory fee-shifting applies.
Not all lemon law cases go to trial. Many are resolved through settlement negotiations or alternative dispute resolution like mediation after discovery reveals the strength of the claims. Settlements can provide quicker resolution and avoid the expense and uncertainty of trial. However, when negotiations fail and material disputes remain, the case may proceed to trial where a judge or jury will determine liability and appropriate remedies under California law. Preparing for trial is part of a comprehensive litigation strategy, and discovery plays a vital role in revealing evidence that can encourage settlement. Rancho Santa Margarita vehicle owners should expect careful preparation and an evaluation of settlement opportunities at each stage to determine whether proceeding to trial is the best path to achieve fair relief based on the evidence assembled.
Yes, out-of-pocket expenses incurred because of the defective vehicle—such as towing fees, rental car costs, and other incidental expenses—may be recoverable in a lemon law action when they are directly related to the defect and properly documented. Keeping receipts and logs of these costs is critical to supporting claims for reimbursement. Courts consider such documentation when calculating incidental and consequential damages as part of the overall remedy. To maximize the chance of recovery, Rancho Santa Margarita plaintiffs should retain all receipts, record dates and circumstances of related expenditures, and include these items in the demand and in discovery. Clear, contemporaneous records make it easier to demonstrate financial impacts and support a request for reimbursement during settlement negotiations or at trial.
An independent inspection or technical report can be useful to document persistent defects and their impact on vehicle performance or safety. While not always required, a written evaluation from a qualified technician or engineer can complement repair records and strengthen claims about the defect’s severity and recurrence. Such reports can be especially persuasive in cases where technical issues are complex or where the manufacturer disputes the cause or persistence of the problem. Before commissioning an independent inspection, consult with counsel to ensure the scope of the evaluation will be helpful in litigation and to preserve any privileges or procedural advantages. For Rancho Santa Margarita consumers, a targeted, timely report may enhance settlement leverage and provide clearer evidence in support of a claim for repurchase, replacement, or other remedies under California law.
Repair records are among the most important pieces of evidence in a lemon law case because they show the chronology of attempts to fix the defect, the nature of the repairs performed, and whether the problem persisted after service visits. Detailed invoices, service orders, and communications with the dealer or manufacturer help establish that the vehicle experienced recurring issues that were not resolved despite repair attempts. For Rancho Santa Margarita plaintiffs, well-organized records create a compelling factual narrative for litigation and facilitate effective discovery responses. Missing or incomplete repair records can make it more difficult to prove a lemon law claim, but other evidence such as witness statements, written complaints, and technician testimony may help fill gaps. Early efforts to preserve documents and maintain a clear file of all service-related materials improve the prospects of demonstrating both the existence and persistence of a defect in court.
If the dealer fixed the problem but it returned later, that pattern can support a lemon law claim when the defect substantially impairs the vehicle’s use, value, or safety and repair attempts were not effective. Courts look at whether the manufacturer had a reasonable opportunity to repair and whether the defect recurred despite attempts to correct it. Documenting each recurrence and repair visit is key to showing the defect did not receive a lasting fix and that further legal action may be warranted. Rancho Santa Margarita vehicle owners should maintain detailed records of subsequent failures and service visits and report persistent problems promptly to create a clear record. This chronology becomes essential if litigation is needed to pursue repurchase, replacement, or other remedies available under California law when repairs fail to resolve the issue permanently.
Used vehicles can sometimes be the subject of lemon law claims if they remain covered by the manufacturer’s express warranty at the time the defect arises. The availability of remedies depends on warranty status, the vehicle’s purchase or lease terms, and the specific facts of the defect. Buyers should review their warranty documents and repair history to determine whether lemon law protection applies. For Rancho Santa Margarita residents, understanding the scope of warranty coverage is an important initial step before pursuing litigation or other remedies. Even when the express warranty has expired, other legal avenues like fraud or breach of implied warranty theories may be available in some cases, depending on the circumstances surrounding the sale. Consulting with counsel early helps identify all possible claims and determine the most appropriate strategy for pursuing recovery and documenting evidence to support a used vehicle claim under California law.
In many California lemon law cases, statutes allow prevailing consumers to recover reasonable attorney fees from the manufacturer, which can make litigation financially viable for individuals who might otherwise be deterred by legal costs. Courts evaluate fee requests for reasonableness by reviewing the hours worked, the complexity of the case, and the prevailing rates. Successful fee requests can offset the costs of pursuing litigation and encourage manufacturers to offer fair settlements when liability is strong. To support a fee request, detailed time records and documentation of tasks performed are necessary. Rancho Santa Margarita plaintiffs should discuss fee arrangements and the potential for fee recovery with counsel early in the process to understand how fees will be handled and whether a contingency arrangement or fee-shifting under statute might apply in their particular case.
