SAN DIEGO – A San Bernardino County man alleges a gasoline vehicle he purchased came equipped with a defeat device that engaged during emissions and mileage testing.
Carl Barbata Jr. filed a complaint individually and on behalf of all others similarly situated on Nov. 22 in the U.S. District Court for the Southern District of California against Audi of America LLC and Audi AG alleging that the car manufacturer caused damages to plaintiff through unfair business practices.
According to the complaint, certain vehicles purchased from the defendants were installed with defeat device software to activate emissions controls when its gasoline cars were being smog tested and deactivate those controls during normal, on-road driving. The suit states the defendants sold the affected vehicles to plaintiff and class members without informing them that the vehicles were equipped with defeat devices, which caused them to suffer diminution of their purchased vehicle value. The plaintiff holds Audi of America LLC and Audi AG responsible because the defendants allegedly failed to disclose that the affected vehicles were equipped with a defeat device such that they were not compliant with EPA and California emissions standards.
The plaintiff requests a trial by jury and seeks judgment against defendants, certify the case as a class action, appoint class representative and class counsel, compensatory and other damages, restitution and disgorgement, corrective advertising, interest, attorneys’ fees, litigation expenses and other relief as the court may deem just. He is represented by Alexander M. Schack and Natasha N. Serino of Law Offices of Alexander M. Shack in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02875