If you bought a used vehicle in El Cerrito Corona and it soon developed serious defects, you may be facing ongoing repairs, safety risks, and unexpected expenses. At Law Republic APC we represent clients across California who encounter persistent mechanical or structural problems after a used vehicle purchase. This page explains how consumer protections and vehicle laws apply in Riverside County and El Cerrito Corona, what steps to take when a dealer or private seller will not resolve the issue, and how local attorneys can help preserve your rights, recover costs, or pursue replacement or buyback remedies under applicable state laws.
Many used vehicle buyers first try to resolve problems directly with the seller or dealer, but when repeated repairs fail the vehicle can become a chronic source of stress and financial loss. Residents of El Cerrito Corona often need clear guidance on warranty coverage, dealer obligations, and the timeline for taking action. This page outlines common scenarios that lead to defective used vehicle claims, documents to collect, and the possible outcomes you can pursue, including negotiation, formal demand letters, arbitration, or litigation to obtain reimbursement, repair, or a refund under California consumer protection frameworks.
Acting promptly when a used vehicle shows signs of defect helps protect your rights and increases the chance of a favorable result. For El Cerrito Corona buyers, documenting repair attempts, maintaining service records, and contacting the seller early can preserve claims under state warranty rules and consumer statutes. Timely legal engagement can help halt continuing expenses, secure interim remedies, and avoid safety hazards. Attorneys can assist in collecting evidence, preparing demand letters, and advising on whether mediation, arbitration, or court action will most effectively recover vehicle value, repair costs, or statutory remedies available under California law.
Law Republic APC represents individuals across California, including those in El Cerrito Corona, who face defective used vehicle issues. Our team focuses on consumer protection matters such as lemon law and related claims arising from repeated mechanical failures or undisclosed defects. We prioritize clear communication, practical solutions, and careful documentation to help clients pursue recovery through settlement or formal proceedings. Call 818-532-5323 for a consultation to discuss your vehicle, repair history, and potential remedies, and to determine the best path forward for recovering costs or obtaining a fair resolution under applicable state statutes.
A defective used vehicle claim can arise when a vehicle continues to experience significant problems shortly after purchase, especially when repeated repair attempts fail to resolve the issue. In El Cerrito Corona and throughout California, remedies depend on whether the vehicle was purchased from a dealer, came with a written warranty, or was sold as-is. Key factors include the nature of the defect, the number of repair attempts, and the timeline between purchase and failure. Getting legal guidance early helps determine whether you have grounds for reimbursement, buyback, replacement, or other relief under consumer protection laws.
Consumers should gather all related records, including the sales agreement, any warranty paperwork, repair invoices, and communications with the seller or repair shops. These documents help establish patterns of failure and the seller’s notice of the defect. Local laws and dealer responsibilities vary, and your options may include pursuing a claim under California’s vehicle warranty and consumer protection frameworks or filing a demand for a refund or buyback. Understanding these steps and potential outcomes empowers buyers in El Cerrito Corona to make informed decisions about pursuing relief.
A defective used vehicle typically demonstrates substantial mechanical or safety defects that impair normal operation or significantly reduce the vehicle’s value. Examples include recurring engine failure, transmission malfunction, persistent electrical problems, or safety systems that do not function reliably. In California, whether a used vehicle qualifies for certain remedies depends on dealer warranties, implied warranties, disclosure obligations, and the history of repair attempts. Buyers in El Cerrito Corona should assess how the defect affects safety and usability and whether the seller was aware of or failed to disclose the problem at the time of sale.
Successful claims generally rely on documentation of the defect, evidence of repair attempts, proof of communication with the seller or dealer, and documentation of expenses related to repairs or diminished value. The process often begins with demand and negotiation, possibly moving to formal dispute resolution like arbitration or litigation if a settlement cannot be reached. For El Cerrito Corona buyers, documenting dates, repair shop invoices, and correspondence helps build a persuasive record. Legal counsel can help evaluate timelines, calculate damages, and present a coherent case to the seller or a decision maker.
This glossary explains terms frequently used in defective used vehicle disputes so buyers in El Cerrito Corona can better follow discussions with sellers and legal advisors. Understanding phrases like implied warranty, express warranty, lemon law, reasonable repair attempts, and arbitration will help you track where your case stands and what remedies might be available. Clear definitions allow consumers to preserve important rights by knowing what evidence matters and how legal deadlines and procedural steps may affect the outcome of a claim against a dealer or private seller.
An implied warranty is a legal assurance that a used vehicle meets basic standards of performance and safety even if no written warranty exists. Under California law, implied warranties can require sellers to provide goods that are fit for ordinary use, and dealers may have responsibilities that private sellers do not. For buyers in El Cerrito Corona, implied warranty claims depend on the vehicle’s condition at sale, the seller’s role, and any disclaimers in the sales contract. Documentation of defects and repair history is essential when asserting an implied warranty claim against a seller or dealer.
California’s lemon law often applies to new vehicles, but related consumer protections and statutes can affect used vehicle disputes as well. Key concepts include the vehicle’s inability to be repaired after a reasonable number of attempts and the availability of buyback or replacement remedies when defects substantially impair the vehicle’s use or value. In El Cerrito Corona cases, the specifics of the warranty, the seller’s disclosures, and the repair record will determine which legal pathways are available for seeking a resolution or compensation for a defective used vehicle.
An express warranty is a specific written or spoken promise from the seller or dealer about the condition or performance of the used vehicle. This may include limited warranty periods, specified repairs covered, or guarantees made at the time of sale. If a dealer in El Cerrito Corona made commitments in writing and then failed to honor those promises when the vehicle developed defects, a buyer may pursue remedies based on that express warranty. Keeping the sales contract and any written communications is important to proving such claims.
Arbitration is a non‑court process where a neutral decision maker resolves disputes, sometimes required by a contract with a dealer. It can be faster than litigation but may limit appeals. Alternative dispute resolution options include mediation and structured settlement negotiations, which can provide efficient paths to recovery for El Cerrito Corona buyers. Understanding arbitration clauses in purchase contracts, and when they can be contested or negotiated, helps consumers choose the most appropriate route for resolving a defective used vehicle claim while preserving legal rights.
When a used vehicle is defective, buyers can consider informal negotiation, demand letters sent through counsel, mediation, arbitration, or filing a lawsuit. Each option has tradeoffs in time, cost, and potential outcomes. Negotiation and mediation may yield quicker settlements, while litigation can provide broader remedies and may be necessary when significant damages or disputes over contract terms exist. In El Cerrito Corona, buyers should weigh evidence strength, warranty terms, and the seller’s responsiveness. A legal advisor can explain which approach best aligns with the buyer’s goals, timeline, and tolerance for risk.
If the seller or dealer in El Cerrito Corona promptly acknowledges a defect and pays for or arranges effective repairs, a limited approach may resolve the issue without formal legal action. This option fits situations where the repairs restore vehicle function, costs are covered, and the buyer accepts the resolution. Retaining repair invoices and written confirmations protects the buyer if the problem recurs. Even when pursuing informal resolution, documenting communications and outcomes is important in case further action becomes necessary.
When defects are minor, do not affect safety, and repair costs are relatively small, working directly with the seller or using a small claims approach can be sufficient. Buyers in El Cerrito Corona who prefer a quicker, low-cost resolution may choose this path. It is still important to get written promises and receipts for repairs, and to understand any warranty limitations. If the defect worsens or additional problems arise, preserving records will support escalation to stronger remedies if necessary.
A comprehensive legal approach is often warranted when repeated repair attempts fail to remedy a serious defect or when the vehicle poses safety risks. In El Cerrito Corona such situations can lead to substantial ongoing expenses, loss of vehicle use, and safety concerns for drivers and passengers. Comprehensive representation helps compile the full repair history, demand appropriate remedies, and pursue stronger actions such as arbitration or litigation when the seller does not provide a fair resolution. Legal advocacy can also assist in calculating damages and presenting a persuasive case to recover costs or obtain a buyback.
When warranty language is ambiguous or the seller failed to disclose known defects, a thorough legal strategy can clarify contractual obligations and statutory protections. For residents of El Cerrito Corona, determining liability may require investigation into dealer records, prior repair histories, and sales representations. A comprehensive approach ensures all relevant evidence is gathered, legal deadlines are met, and the strongest claims are pursued through negotiation or formal proceedings to achieve a remedy that reflects the vehicle’s diminished value and the buyer’s out‑of‑pocket expenses.
A comprehensive approach allows a full assessment of legal and factual issues, increasing the chance of recovering repair costs, diminished value, or a buyback. For buyers in El Cerrito Corona, this includes detailed review of repair records, drafting persuasive demand materials, and pursuing the best dispute resolution pathway. Comprehensive representation also helps protect against rushed settlements that undervalue your claim and ensures adherence to procedural requirements and statutory timelines, which can be critical to preserving consumer remedies and maximizing recoverable compensation.
Comprehensive handling can also reduce stress by assigning the collection, organization, and presentation of evidence to legal professionals who communicate with the seller on your behalf. This process helps ensure that all potential damages are calculated and that alternative remedies are explored. For El Cerrito Corona residents, it provides continuity from initial demand through potential arbitration or litigation, with the goal of securing a fair result while minimizing personal time commitments and uncertainty during what can otherwise be a prolonged dispute.
Thorough preparation helps identify patterns of failure and leverage legal protections effectively. In El Cerrito Corona cases, compiling repair invoices, photographs, mechanic statements, and correspondence forms a strong factual basis to support claims. Careful case building improves the likelihood of favorable settlement and positions clients to pursue arbitration or litigation if necessary. A well-documented case also facilitates accurate calculations of economic losses, rental or towing costs, and reduced vehicle value, providing a clear framework for negotiation or courtroom presentation.
Knowing applicable deadlines, warranty timeframes, and procedural rules is essential to preserving claims. Buyers in El Cerrito Corona benefit from a strategy that addresses statute of limitations issues, arbitration clause implications, and filing requirements. Missing a deadline or mishandling a contractual clause can jeopardize recovery. A comprehensive approach ensures timely filing of demands, proper documentation, and adherence to procedural norms so that your claim remains viable and persuasive to the seller, arbitrator, or judge.
Keep careful records of all repair visits, invoices, and communications with the seller or repair shops. Documentation helps establish a pattern of repair attempts and shows whether the defect was persistent despite efforts to fix it. For El Cerrito Corona buyers, maintain receipts for any parts, towing, rental car expenses, and written notes of phone calls or in-person conversations. This record can be crucial when seeking reimbursement or asserting that the seller was aware of the problem and failed to provide an adequate remedy under applicable California consumer protections.
If repeated repairs don’t fix the issue or if the defect affects safety, consult with legal counsel promptly to understand your options and preserve deadlines. Early review helps determine whether you should send a demand letter, seek mediation, or pursue more formal remedies. For El Cerrito Corona buyers, prompt action also improves the likelihood of recovering costs and protects against ongoing losses. An attorney can advise on gathering the right evidence and communicating with the seller to pursue a resolution efficiently while protecting your legal rights.
You should consider legal assistance when repairs fail repeatedly, when repair costs mount, or when the seller refuses reasonable remedies. In El Cerrito Corona, buyers face unique local market conditions and need guidance about warranty coverage, disclosure obligations, and statutory remedies. Legal counsel can evaluate whether the vehicle’s defect meets legal thresholds for buyback, replacement, or reimbursement and can pursue recovery on your behalf. Seeking help gives you an informed assessment of likely outcomes and the best path to mitigate financial loss and safety concerns.
Another reason to pursue legal help is to avoid accepting underwhelming settlements that do not cover all actual costs such as repeated repairs, rental cars, and diminished vehicle value. Counsel can calculate full damages and present evidence to support a higher settlement amount or proceed to arbitration or court when necessary. For El Cerrito Corona residents, this means better protection against inadequate resolutions and confidence that all legal avenues are explored to secure fair compensation for the defective vehicle and associated expenses.
Common circumstances include persistent engine or transmission failure, recurring electrical issues, unresolved safety system malfunctions, undisclosed prior damage, or a dealer’s failure to honor a written warranty. Other triggers are escalating repair bills, multiple unsuccessful repair attempts, or clear evidence the dealer knew about the defect. In El Cerrito Corona these scenarios often prompt buyers to seek legal guidance to explore remedies such as reimbursement, buyback, or negotiated settlements to address the vehicle’s ongoing problems and financial impact.
When a used vehicle experiences the same mechanical failure repeatedly despite multiple repair attempts, the problem may qualify as a defect that justifies legal action. Document each repair visit, the symptoms, and the repair shop’s diagnosis. For El Cerrito Corona buyers, this pattern can demonstrate that the vehicle’s condition substantially impairs use or value and supports demands for reimbursement or buyback. Clear records and timely action are essential to preserve claims and build a convincing case against the seller or dealer.
Defects that affect safety features such as brakes, airbags, steering, or electrical systems warrant immediate attention and may justify stronger legal measures. Safety-related problems increase the urgency of pursuing remedies because they put drivers and passengers at risk. For buyers in El Cerrito Corona, reporting safety defects to repair providers and retaining all related documentation helps create a timeline that supports legal claims and demonstrates the significance of the defect when seeking compensation or a vehicle replacement from the seller or manufacturer.
If a vehicle was previously involved in significant accidents and the seller failed to disclose that history, buyers may have grounds for a claim based on misrepresentation or failure to disclose material facts. In El Cerrito Corona, disclosure obligations vary depending on whether the seller is a dealer or a private party. Buyers should obtain vehicle history reports and compare them with what the seller stated. Where discrepancies exist, collecting evidence and consulting counsel can help seek compensation for diminished value or repairs resulting from undisclosed prior damage.
Law Republic APC is available to review your defective used vehicle situation and advise on options tailored to El Cerrito Corona conditions and California law. We help evaluate repair histories, interpret warranty obligations, and determine whether negotiation, arbitration, or litigation is appropriate. If you are facing persistent defects, safety concerns, or mounting repair bills, contact us to discuss the facts of your case, preserve critical evidence, and explore practical steps toward recovery. Call 818-532-5323 to arrange a consultation and learn more about potential remedies.
Law Republic APC focuses on consumer protection matters across California, assisting buyers who encounter serious and repeated vehicle defects. Our approach emphasizes careful documentation, clear communication with sellers, and pursuing solutions that reflect the totality of your losses. For clients in El Cerrito Corona we provide straightforward guidance on applicable laws and potential remedies, counsel on evidence collection, and advocacy in negotiations or formal proceedings to recover repair costs, rental expenses, and diminished vehicle value when appropriate.
We assist clients in evaluating warranty terms and seller obligations and in preparing effective demand materials to present a persuasive case for recovery. Our goal is to resolve matters efficiently when possible and to escalate to arbitration or litigation when the seller refuses to address the defect fairly. We prioritize client communication throughout the process so you understand likely outcomes, timelines, and any procedural steps needed to preserve your claims in El Cerrito Corona and throughout Riverside County.
If you are unsure how to document the defect or calculate damages, we can help collect and organize repair records, vendor invoices, and correspondence needed to support a claim. We will explain the likely next steps and help you decide on a path that balances time, cost, and potential recovery. To discuss your defective used vehicle matter in El Cerrito Corona, call Law Republic APC at 818-532-5323 and get a clear assessment of your options and the remedies you may pursue under California law.
Our process begins with a detailed review of your purchase documents, repair history, and communications with the seller or dealer. For El Cerrito Corona clients, we identify the strongest legal pathways, gather supporting evidence, and prepare a clear demand outlining the relief sought. If the seller is unwilling to negotiate, we consider arbitration or court action based on contract terms and applicable statutes. Throughout the process we communicate options, timelines, and likely outcomes so that you can make informed decisions about pursuing a resolution.
The first step focuses on understanding the vehicle’s defect, establishing a timeline, and collecting comprehensive documentation. For buyers in El Cerrito Corona we review the sales contract, warranty statements, repair invoices, mechanic reports, and any communications with the seller or dealer. This evidence helps determine whether the problem meets thresholds for remedies and identifies the appropriate legal strategy. Proper organization of records at this stage strengthens negotiation leverage and prepares the case for possible arbitration or litigation if negotiations fail.
Collect and organize every repair order, invoice, and diagnostic report that relates to the vehicle’s defect. This includes dates of service, descriptions of the problem, and what repairs were undertaken. For El Cerrito Corona buyers, showing repeated repair attempts and ongoing symptoms is central to proving a pattern of failure. Photographs and mechanic statements can supplement written records to demonstrate the severity and persistence of the defect when presenting the case to the seller or within formal proceedings.
Save all written communications, including emails, text messages, and letters with the seller or dealer, as well as any warranty paperwork or sales agreements. These materials can show promises made at the time of sale and how the seller responded to repair requests. For residents of El Cerrito Corona, preserving this record is essential to support claims for remedies. If oral promises were made, document them in writing as soon as possible to create a contemporaneous record of what was said and by whom.
After establishing the factual record, we prepare a demand for relief that outlines the defects, repair history, and the compensation or remedy sought. This can prompt negotiations with the seller or dealer and sometimes leads to a fair settlement without further action. If negotiations are unsuccessful, mediation or arbitration may be pursued according to contract terms. For El Cerrito Corona cases, pursuing dispute resolution mechanisms strategically can resolve matters more quickly while preserving the option to seek relief in court if necessary.
A formal demand letter lays out the buyer’s claims, supporting evidence, and the remedy sought, such as reimbursement, repairs, or a buyback. In El Cerrito Corona, this step often motivates sellers to resolve the matter to avoid escalation. The letter should cite warranty terms, repair history, and any statutory provisions that apply. A well-crafted demand increases the likelihood of productive negotiation and provides a clear record of attempts to resolve the dispute before pursuing more formal remedies.
Negotiation and mediation offer opportunities to settle the dispute without the time and expense of litigation. These processes encourage mutually acceptable solutions such as refund, partial reimbursement, or a vehicle replacement. For El Cerrito Corona buyers, mediation can be especially effective when both parties are willing to compromise and when the evidence supports the buyer’s claims. Successful mediation resolves the matter privately and can preserve relationships while delivering a practical outcome for the affected consumer.
If negotiation and mediation fail, arbitration or court action may be necessary to secure a fair remedy. Arbitration can be required by contract and may be quicker than litigation, while litigation provides a formal court record and a broader range of remedies in some cases. For El Cerrito Corona buyers, deciding whether to proceed depends on the strength of the evidence, the potential recovery, and contractual provisions. Legal counsel will prepare filings, present evidence, and advocate for the best obtainable outcome under California law.
When proceeding to formal dispute resolution, the next step is to file an arbitration demand or a court complaint that sets out the factual and legal basis for relief. This filing outlines the defect history, repairs, and the relief sought. For El Cerrito Corona cases, accurate and thorough pleadings help frame the dispute and support the evidence gathered earlier. Timely filing ensures preservation of claims and initiates the official process toward resolution, whether through arbitrators or the court system.
At arbitration or trial, your case is presented with the supporting documentation and witness testimony, such as mechanics or repair shop statements. The goal is to secure monetary recovery, a buyback, or another appropriate remedy. For El Cerrito Corona buyers, the strength of the repair history and documentation often determines the outcome. A final resolution may include settlement at any stage, or a binding decision by an arbitrator or judge that resolves the dispute based on the law and presented facts.
First, document the defect and any attempts to repair it. Gather the sales contract, warranty documents, repair invoices, and any written or electronic communications with the seller or dealer. Take photographs of visible problems, note dates of service visits, and request written diagnostics from the repair shop. These records help establish the persistence of the defect and form the basis for any demand for repair, reimbursement, or other remedies. Next, notify the seller or dealer in writing of the problem and request a prompt repair or remedy. If the seller is uncooperative or repairs fail repeatedly, consult legal counsel to evaluate options under California consumer protection laws and to determine appropriate next steps, such as a formal demand, mediation, arbitration, or filing a lawsuit. Early consultation helps preserve deadlines and ensures evidence is handled properly.
You may be able to recover repair costs if you can show the defect existed soon after purchase and that repair attempts have not resolved the issue. Keep all invoices, work orders, and communications with repair shops and the seller. If you bought the vehicle from a dealer who provided a warranty or made specific promises about condition, those documents can support a claim for reimbursement or other remedies. If the seller refuses to pay for reasonable repairs, legal options include demanding reimbursement, pursuing mediation or arbitration, or filing a lawsuit. The best approach depends on the strength of your evidence, warranty terms, and whether the seller is responsive. A legal advisor can help calculate recoverable losses and guide you through the most effective dispute resolution path.
California law requires dealers to make certain disclosures and may impose obligations regarding prior damage and salvage history, depending on the circumstances. If a dealer failed to disclose a vehicle’s material history, you may have claims for misrepresentation or failure to disclose that could lead to compensation for repair costs or diminished value. Checking vehicle history reports and comparing them with seller statements is a key step in identifying potential nondisclosure. For private sales, consumer protections can be more limited, but misrepresentation and fraud claims may still apply in cases of deliberate concealment. In either context, collecting evidence of the vehicle’s pre-sale condition and obtaining professional assessments of prior damage help substantiate claims and support requests for remediation or reimbursement.
The most important documentation includes the sales contract, any written warranty, repair invoices, diagnostic reports, and all communications with the seller or dealer. Keep records of dates, mileage at each repair, descriptions of symptoms, and written confirmation of repairs performed. Photographs and statements from mechanics can also strengthen your case by corroborating the persistence and severity of the defect. Maintaining a chronological file of these materials makes it easier to present a clear narrative of the vehicle’s problems. This organized evidence greatly improves the chances of a favorable settlement or decision in arbitration or court, and it helps legal counsel assess the merits of your claim and prepare effective demand materials.
Many dealer contracts include arbitration clauses that require disputes to be resolved outside of court. Whether arbitration applies depends on the specific contract language and the nature of the claim. Arbitration can be faster and more streamlined than litigation, but it may limit certain procedural rights and avenues for appeal. It is important to review the sales agreement carefully to determine whether arbitration is mandatory for your dispute. In some circumstances arbitration clauses can be contested or negotiated, or alternative dispute resolution can be pursued by mutual agreement. Consulting with counsel helps you understand the implications of any arbitration clause and whether pursuing arbitration or challenging the clause is the better route for achieving a fair resolution in El Cerrito Corona.
Time limits for bringing a defective used vehicle claim vary depending on the legal theory and whether a written warranty applies. Statutes of limitations and warranty timeframes can be complex, and missing a deadline can bar recovery. For this reason, buyers in El Cerrito Corona should consult counsel promptly after discovering a serious defect to ensure any claims are timely preserved. Prompt action also helps with evidence collection and establishes a clear timeline of repair attempts and communications with the seller. Early legal review ensures you meet filing deadlines and take appropriate procedural steps, whether seeking arbitration, mediation, or court remedies under California law.
A full refund is not guaranteed simply because a used vehicle is defective; remedies depend on the facts, the seller’s representations, and applicable laws. If the defect substantially impairs the vehicle’s use and cannot be fixed after reasonable repair attempts, remedies such as buyback or reimbursement may be available. Whether a full refund is appropriate depends on repair history, the severity of the defect, and contractual terms. Negotiation, mediation, or formal proceedings may be required to secure a full refund or buyback. Legal counsel can evaluate your evidence, recommend the most effective course of action, and advocate for a remedy that reflects the vehicle’s diminished value and your out-of-pocket losses if a refund is warranted.
Possible remedies include reimbursement for repair costs, compensation for diminished vehicle value, replacement of the vehicle, or repurchase (buyback) by the seller. In some cases additional damages or statutory remedies may be available under California consumer protection laws. The specific remedy depends on the nature of the defect, the warranty terms, and the seller’s conduct. Your options may begin with negotiation and escalate to arbitration or litigation if needed. A careful assessment of the evidence and legal grounds will determine which remedies are likely and the best path to pursue them in El Cerrito Corona to adequately address economic losses and the vehicle’s functional or safety issues.
If the dealer agrees to repurchase the vehicle, the buyback process typically involves agreement on the buyback price, offsetting benefits already received, and handling of fees and taxes. Documentation of the terms in writing is essential to avoid future disputes. For El Cerrito Corona buyers, the buyback should address out-of-pocket repair costs, tolls, rental car expenses, and other related losses as appropriate. Prior to completing a buyback, confirm how title transfer, registration, and any outstanding finance balances will be handled. Legal counsel can review the buyback agreement to ensure it fully compensates for losses and properly releases your claims so that the resolution is complete and final.
Law Republic APC assists El Cerrito Corona buyers by reviewing purchase documents and repair histories, advising on legal options, and preparing demand letters or filings when necessary. We help organize evidence, calculate recoverable losses, and communicate with sellers or dealers to pursue fair settlements. Our role includes explaining potential outcomes and helping you select the best dispute resolution pathway based on the strength of your case and your goals. If negotiation or mediation is unsuccessful, we can advance your case to arbitration or court while ensuring procedural requirements and deadlines are met. Call Law Republic APC at 818-532-5323 to discuss your defective used vehicle matter and determine the most appropriate next steps to seek recovery under California law.
