A lawsuit filed on June 3, 2024, in the Superior Court of California, County of Santa Clara, by Rebecca Wolf Loretz against Thor Motor Coach, Inc., and several other defendants accuses the companies of selling a defective vehicle that caused significant physical and emotional harm due to toxic mold. The complaint outlines multiple violations under the Song-Beverly Consumer Warranty Act and negligence claims.
Rebecca Wolf Loretz alleges that she purchased a new 2021 Thor Tranquility on April 2, 2021, which came with serious defects and nonconformities to its warranty. These defects included issues with the carbon monoxide detector, fridge, water heater, water tank, propane tank, AUX/power generator, roof vents, window battery electrical system awning wheel bathroom door entry step kitchen cabinet water pump toilet kitchen counter inverter driver seat window screen living area shades bedroom lights door locking mechanism grab handle and exhaust. As a result of these defects toxic mold developed in the vehicle causing Loretz extreme physical mental and emotional injuries.
The plaintiff asserts that despite numerous attempts to have the vehicle repaired at authorized service centers operated by the defendants including La Mesa R.V. Center Inc., San Jose Luxury Imports Inc., RV Country Inc., Camping World Holdings Group Inc., and AutoNation.com Inc., the vehicle was never conformed to its warranty. "Defendants were unable to conform the Subject Vehicle to the applicable express after a reasonable number of repair attempts," states the complaint. Consequently Loretz has revoked acceptance of the sales contract citing her entitlement under various sections of the Song-Beverly Consumer Warranty Act.
Loretz is seeking general special and actual damages rescission of the purchase contract restitution for all monies expended diminution in value incidental and consequential damages civil penalties amounting to two times her actual damages non-economic damages economic damages punitive damages prejudgment interest attorney's fees and costs of suit. The plaintiff argues that because defendants willfully violated their obligations under the Song-Beverly Act she is entitled to additional civil penalties.
Represented by attorneys Aaron Cohen Esq. and Yasha Ahoubim Esq. from Westside Law Group PC Rebecca Wolf Loretz demands a jury trial for this case identified as Case No. 24CV440406 with Judge B Roman-Antune overseeing it.