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California Resident Sues Major Automotive Company Over Defective Vehicle

NORTHERN CALIFORNIA RECORD

Tuesday, November 26, 2024

California Resident Sues Major Automotive Company Over Defective Vehicle

State Court
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A California resident has taken legal action against a major automotive company and its dealership, alleging multiple violations of consumer protection laws. Estela Gomez filed the complaint in the Superior Court of California, County of Santa Clara, on June 13, 2024, naming Volkswagen Group of America Inc. and Audi Modesto D.B.A. DGDG 23, LLC as defendants.

The case revolves around a 2024 Volkswagen Audi Q7 that Gomez purchased on January 20, 2024. According to the complaint, the vehicle exhibited significant defects and malfunctions that impaired its use, value, and safety. Despite numerous repair attempts by authorized facilities, the issues remained unresolved. The plaintiff asserts that these failures constitute breaches of both express and implied warranties under the Song-Beverly Consumer Warranty Act. "Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the Vehicle to the express written warranties within a reasonable number of repair attempts or within the warranty periods," states the complaint.

Gomez also accuses Volkswagen Group of America Inc. and Audi Modesto D.B.A. DGDG 23, LLC of engaging in unlawful business practices under California Business and Professions Code §17200. The plaintiff claims that both entities knowingly sold defective vehicles and performed negligent repairs with reconditioned components instead of original equipment manufacturer (OEM) parts. "Defendant AUDI MODESTO D.B.A. DGDG 23, LLC was well aware of the highly defective components in this Subject Vehicle," alleges Gomez.

In addition to monetary damages amounting to $101,857.84 for actual damages plus civil penalties twice that amount under Cal. Civ. Code §1794(c), Gomez seeks various forms of injunctive relief. These include a declaration rescinding the sales contract and an order requiring defendants to account for all monies received through alleged unfair competition practices.

The legal team representing Estela Gomez includes Neal F. Morrow III from MES Legal Inc., based in Long Beach, CA, and Ryan K. Marden from Marden Law Inc., located in Irvine, CA. The case is being reviewed by Judge C. Roman under Case ID: 24CV441129.

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