SAN FRANCISCO – A California couple is suing car manufacturers alleging that would not have purchased their vehicle had they known it was equipped with a defeat device to temporarily allow it to pass emissions inspections.
Richard Cox Jr. and Susan Cox filed a complaint on April 1 in the U.S. District Court for the Northern District of California against
Volkswagen Aktiengesellschaft and Volkswagen Group of America
Inc., citing breach of contract, breach of implied warranty, breach of warranty, fraud, negligence and other counts.
According to the complaint, the plaintiffs allege that on Feb. 8, 2010, they purchased a 2010 diesel Jetta equipped with an emissions control defeat device from Volkswagen. The plaintiffs hold Volkswagen Aktiengesellschaft and Volkswagen Group of America responsible because the defendants allegedly manufactured automobiles with the device despite of the environmental laws in place.
The plaintiffs request a trial by jury, actual damages according to proof, restitution, punitive damages, consequential and incidental damages, all legal fees and any other relief as the court deems just. They are represented by Stephen G. Recordon of Recordon & Recordon in San Diego.
U.S. District Court for the Northern District of California Case number 3:16-cv-01662-CRB