SAN DIEGO – A San Diego couple claims a car dealership sold them a car that had defects despite advertising the vehicle as certified.
Susy and James Emerson filed a complaint on Dec. 7 in the U.S. District Court for the Southern District of California against
CarMax Auto Superstores California LLC and Does 1-75 alleging violation of the Consumer Legal Remedies Act and the Song-Beverly Consumer Warranty Act.
According to the complaint, the plaintiffs allege that on Feb. 12, 2016, they purchase a second-hand vehicle from the defendants because of their promise that the said vehicle was "certified" and had undergone a rigorous inspection. However, the plaintiffs allege they had to return the vehicle for repairs on several occasions due to engine light, brake issues, high-pitched noises, emission leak and other defects, thereby causing plaintiffs to suffer economic losses.
The plaintiffs hold CarMax Auto Superstores California LLC and Does 1-75 responsible because the defendants allegedly advertised and sold a vehicle mislabeled as certified without providing a completed inspection report, sold an unmerchantable vehicle to plaintiffs, and failed to maintain completed inspection reports.
The plaintiffs request a trial by jury and seek judgment in their favor, general incidental and consequential damages, restitution and rescission, punitive and statutory damages, injunctive relief, interest, attorney's fees, costs of suit and further relief as the court deems just. They are represented by Hallen D. Rosner and David L. Herman of Rosner, Barry & Babbitt LLP in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02969