Nightingale
Nightingale v. Hyundai Motor America
Opinion
Opinion
Merrill, J.
Hyundai Motor America (Hyundai) appeals from the part of the judgment awarding respondent Pam Nightingale attorney fees of $113,853 under the Song-Beverly Consumer Warranty Act, otherwise known as the automobile “lemon law.” (Civ. Code, § 1790 et seq.) We modify that part of the judgment to provide for an award of attorney fees in a lesser amount.
I.
Factual and Procedural Background
We set forth the facts to the extent necessary for a determination of the issues on appeal. Pam Nightingale purchased a 1986 Hyundai from Val Strough Management, Ltd. (Val Strough), for a total purchase price of $8,105.55. The car was delivered on April 17, 1986, and Nightingale began experiencing problems the same day when smoke began “billowing” out from under the vehicle. She brought the car back to Val Strough the following day, and was told the problem was “only an oil seal.”
Nightingale picked up the car on April 24. She discovered that the car would not shift into fifth gear and did not have enough power to accelerate and merge onto the freeway or climb a hill when the car was carrying four people. On April 30, she returned the vehicle to the dealer and informed the general manager…