SAN FRANCISCO – Two vehicle buyers are seeking a rescission of a sales contract over allegations the vehicle they purchased has defects.
Phu Truong and Dung Tran filed a complaint on Feb. 5 in the San Francisco Superior Court against Toyota Motor Sales USA Inc. and Does 1 through 10 over alleged violation of the Song-Beverly Consumer Warranty Act.
According to the complaint, on May 13, 2017, the plaintiffs purchased a 2017 Toyota Sienna that came with an express warranty. The plaintiffs allege the vehicle has nonconformities that have impaired its use, value and safety, including recurrent malfunction and/or failure of the driver window molding.
Despite delivering the vehicle to the defendant or its authorized repair facility, the plaintiffs allege the vehicle remains defective after a reasonable number of attempts for repair.
The plaintiffs hold Toyota Motor Sales USA Inc. responsible because the defendant allegedly failed to replace or otherwise make restitution to plaintiffs pursuant to its obligation under the Act.
The plaintiffs seek judgment for a civil penalty, rescission of the contract, interest, attorney's fees, costs of suit, and for such other and further relief as the court deems proper. They are represented by Amara S. L. Turzak and Brian J. Bickel of The Bickel Law Firm Inc. in San Diego.
San Francisco Superior Court case number CGC19573551