SAN FRANCISCO – A Los Angeles man has filed suit against a car manufacturer alleging that it knowingly violated U.S. environmental law by putting a defeat device in its cars that would temporarily reduce emissions in order to pass inspection.
Carlos Luna 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 alleged breach of contract, breach of implied warranty, fraud, negligence and other counts.
According to the complaint, the plaintiff alleges that in October 2011, he purchased a 2012 diesel-powered Jetta equipped with an emissions control defeat device from Volkswagen. The plaintiff holds Volkswagen Aktiengesellschaft and Volkswagen Group of America Inc. responsible because the defendants allegedly manufactured automobiles with the device despite of the environmental laws in place.
The plaintiff seeks a trial by jury, all damages according to proof, punitive damages, consequential and incidental damages, all legal fees and any other relief as this court deems just. He is 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-01651-CRB