A new legal battle has emerged in California, as a plaintiff takes on a major automobile manufacturer and dealership over alleged breaches of warranty. On June 11, 2024, Joshua Adam Agee filed a complaint in the Superior Court of California, County of Santa Clara against Mercedes-Benz USA, LLC and AN San Jose Luxury Imports, Inc., doing business as Mercedes-Benz of Stevens Creek.
According to the court documents, Agee leased a new 2023 Mercedes Benz C43 on April 18, 2023. The vehicle was accompanied by express warranties promising to maintain its utility and performance or provide compensation if it failed to do so. However, Agee claims that the car was delivered with serious defects, including transmission issues that impaired its use and safety. Despite multiple repair attempts by authorized service representatives, the vehicle's problems persisted.
Agee's complaint includes four causes of action under the Song-Beverly Consumer Warranty Act. The first cause alleges breach of express warranty; the second claims breach of implied warranty; the third accuses the defendants of failing to repair the vehicle within a reasonable time; and the fourth invokes the Tanner Consumer Protection Act for not conforming the vehicle to applicable warranties within specified timeframes. "Defendants have willfully failed to comply with their responsibilities under the Act," Agee asserts in his filing.
The plaintiff is seeking several forms of relief from the court. These include general, special, and actual damages according to proof at trial; rescission of the lease contract and restitution of all monies expended; diminution in value; incidental and consequential damages; civil penalties amounting to twice his actual damages; prejudgment interest at the legal rate; and reasonable attorney’s fees and costs of suit.
Representing Agee are attorneys Aaron Cohen and Yasha Ahoubim from Westside Law Group PC. The case has been assigned Case No. 24CV440936 and will be overseen by Judge M. Arechiga.