Consumer claims Dodge vehicle has defects, seeks rescission of contract

By Jenie Mallari-Torres | Jul 9, 2018

SACRAMENTO – A San Joaquin County consumer is seeking rescission of a sales contract of a Dodge vehicle over allegations it has defects that have not been repaired.

SACRAMENTO – A San Joaquin County consumer is seeking rescission of a sales contract of a Dodge vehicle over allegations it has defects that have not been repaired.

Michael Hayes filed a complaint on June 12 in the U.S. District Court for the Eastern District of California against FCA US LLC citing the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.

According to the complaint, the plaintiff alleges that on Feb. 1, 2015, he purchased a new 2015 Dodge Ram that was manufactured by the defendant. He alleges the vehicle has numerous defects and nonconformities that impair its use, value and safety.

The plaintiff holds FCA US LLC responsible because the defendant allegedly failed to comply with its obligations under the express written warranty and failed to make the necessary repairs to conform the vehicle to the express warranty.

The plaintiff requests a trial by jury and seeks judgment against defendant, declaration of rescinded sales contract, award actual damages, restitution, civil penalties, attorney's fees, costs, expenses, and other relief as the court deems just. He is represented by Jon P. Jacobs and Ryan H. Gomez of Law Offices of Jon Jacobs in Rocklin.

U.S. District Court for the Eastern District of California case number 18-cv-01783

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