SAN FRANCISCO – A Mountain House man alleges a vehicle he purchased had multiple defects and was incorrectly advertised as "certified."
Alex Ochoa filed a complaint on Dec. 19 in the U.S. District Court for the Eastern District of California against CarMax Auto Superstores California LLC and Does 1-75 alleging violations of the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act and the Unfair Competition Law, fraud and other counts.
According to the complaint, the plaintiff alleges that on Feb. 27, 2015, he was enticed by the defendants to purchase a used 2009 BMW 328 because of their promise that the vehicle was of sufficient quality to be labeled as "certified." However, plaintiff alleges he had to return the vehicle back to defendants for oil leak and transmission trouble, and eventually to another repair shop for persistent defects on several occasions, which caused plaintiff to suffer monetary damages.
The plaintiff holds CarMax Auto Superstores California LLC and Does 1-75 responsible because the defendants allegedly failed to provide the plaintiff with a completed inspection report against claim of certified vehicle, misrepresented that the vehicle had undergone a rigorous inspection, and obtained profit from selling an unmerchantable vehicle.
The plaintiff requests a trial by jury and seeks judgment against defendants, general damages, restitution and rescission of the purchase contract, incidental and consequential damages, punitive and statutory damages, injunctive relief, interest, attorney's fees, costs of suit and further relief as the court deems just. He is represented by Hallen D. Rosner and David L. Herman of Rosner, Barry & Babbitt LLP in San Diego.
U.S. District Court for the Eastern District of California Case number 16-cv-02946