In a significant legal battle, a California resident has taken on a major automobile manufacturer over alleged breaches of warranty and statutory obligations. The complaint was filed by Hyowook Kim in the Superior Court of California, County of Santa Clara, on June 12, 2024, against Volkswagen Group of America, Inc.
Hyowook Kim's lawsuit stems from the purchase of a 2023 Audi Q4 E-Tron on December 31, 2022. The vehicle was bought from Audi Stevens Creek in San Jose, California. According to the complaint, Kim received an express written warranty at the time of purchase which promised to maintain the vehicle's utility and performance or provide compensation if it failed within a specified period. However, Kim alleges that shortly after taking possession of the vehicle, it developed defects that significantly impaired its use, safety, and value. Specifically mentioned are issues with the vehicle’s AC system among other unspecified problems.
The plaintiff asserts that despite multiple attempts to have these defects repaired under warranty by Volkswagen's representatives in California, the company failed to fix the issues within a reasonable number of attempts. This failure allegedly violates several subdivisions of Civil Code Section 1793.2 and constitutes both breach of express and implied warranties under the Song-Beverly Warranty Act.
Kim's complaint outlines five causes of action: violation of subdivision (d) of Civil Code Section 1793.2 for failing to replace or refund the defective vehicle; violation of subdivision (b) for not repairing the vehicle within 30 days; violation of subdivision (a)(3) for not providing sufficient service literature and parts; breach of express warranty; and breach of implied warranty of merchantability. Each cause emphasizes Volkswagen’s alleged willful neglect in addressing these issues despite being aware they were obligated to do so.
In terms of relief sought, Kim is asking for actual damages exceeding $25,000 including incidental and consequential damages along with civil penalties amounting to twice his actual damages as per Civil Code section 1794(c). Additionally, he seeks restitution for financial losses incurred due to Volkswagen’s non-compliance with warranty provisions as well as coverage for attorney fees and court costs.
Representing Hyowook Kim is Misoo Choi from the Law Office of Misoo Choi APC based in Los Angeles. The case has been assigned Case No. 24CV441032 with Judge M. Bui reviewing it.