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Plaintiff alleges BMW of North America failed to address vehicle defects promptly

NORTHERN CALIFORNIA RECORD

Wednesday, November 27, 2024

Plaintiff alleges BMW of North America failed to address vehicle defects promptly

State Court
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Abhishek Srivastava has filed a complaint against BMW of North America, LLC and BMW of Mountain View for alleged violations of statutory obligations. The complaint was filed on May 22, 2024, in the Superior Court of California, County of Santa Clara.

According to the complaint, Srivastava leased a new 2024 BMW 1X vehicle on July 23, 2023, from an authorized retailer in California. The vehicle came with both an implied warranty of merchantability and an express written warranty that covered at least four years or 50,000 miles. However, Srivastava alleges that the vehicle was unmerchantable and had several defects including charging issues, malfunction light activation problems, difficulty starting the vehicle, and risks of thermal events or fire. Despite multiple attempts to have these issues resolved by BMW and its authorized repair facilities in California, the problems persisted. As of April 20, 2024, the vehicle became inoperable following a thermal event or fire.

Srivastava claims that BMW failed to meet its legal obligations under the Song Beverly Consumer Warranty Act (Cal. Civ. Code §1793.2), which mandates manufacturers to make restitution for defective vehicles promptly. He accuses BMW of knowingly failing to fulfill these obligations and engaging in practices that impeded compliance with statutory requirements.

The plaintiff is seeking several forms of relief from the court including damages exceeding $35,000.00 for breach of implied warranty and failure to repurchase or replace the defective vehicle promptly as required by law. Srivastava also seeks civil penalties amounting to two times his actual damages under Cal. Civ. Code §1794(c) due to what he describes as willful non-compliance by BMW.

In addition to monetary compensation for damages incurred due to the breach of express warranty and negligent repair by BMW's authorized facility in Mountain View, Srivastava is also requesting restitution for consequential and incidental damages along with attorney’s fees and prejudgment interest.

The case has been assigned Case No. 24CV439572 and will be presided over by a judge yet to be named. Matthew Pardo from Pardo Law PC represents Abhishek Srivastava in this matter.

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