SAN FRANCISCO – A fire captain of the city of Eureka is suing Volkswagen for breach of warranty and violation of California codes.

Bret Banducci filed a lawsuit Jan. 7 in the U.S. District Court for the Northern District of California against Volkswagen Group of America Inc., Volkswagen Aktiengesellschaft and Audi AG, citing breach of implied warranty, breach of express warranty and violations of the Magnuson-Moss Warranty Act and the California Consumers Legal Remedies Act.

According to the complaint, Banducci owns a 2015 VW Golf Sportswagen TDI. He allegedly made this purchase under the assumption, due to advertisements, that the vehicle was “clean” and environmentally friendly. According to the suit, Volkswagen deceived consumers on the U.S. emissions standards by installing software to fool testing devices and conceal the fact the diesel vehicles released emissions up to 40 times higher than what is detected during emissions testing.

Banducci is seeking an order awarding him and all others in a similar situation restitution and/or disgorgement and compensatory and punitive damages. Mary E. Alexander, Jennifer L. Fiore and Sophia M. Aslami of Mary Alexander and Associates PC of San Francisco will represent the plaintiff.

U.S. District Court for the Northern District of California Case number 3:16-cv-00098-CRB

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