A San Francisco resident has taken legal action against a prominent automobile manufacturer, alleging significant breaches of consumer protection laws. On July 10, 2024, Jagvir Lal filed a complaint in the Superior Court of California, County of San Francisco, accusing BMW of North America, LLC of multiple violations under the Song-Beverly Consumer Warranty Act.
Jagvir Lal's lawsuit stems from his purchase of a 2022 BMW M440i from East Bay BMW in Pleasanton, California on August 26, 2022. According to the complaint, Lal encountered numerous issues with the vehicle shortly after purchase. These issues included recurrent and intermittent problems such as abnormal illumination of the DSC light, lack of power while ascending hills, increased gasoline consumption, pulling to the left, alignment issues, steering wheel malfunctions, and failures related to the transfer case and AWD system. Lal claims these defects have significantly impaired the vehicle’s use, value, and safety.
Lal's legal team argues that BMW failed to repair these defects within a reasonable timeframe despite multiple attempts. "BMW OF NORTH AMERICA, LLC or its authorized repair facility(s) have failed to commence repairs within a reasonable time; failed to complete repairs within (30) days; and/or failed to service or repair the subject vehicle to warranty after a reasonable number of attempts," states the complaint. Furthermore, Lal alleges that BMW's refusal to replace or refund the defective vehicle was willful and not based on any good faith belief that they were meeting their statutory obligations.
The plaintiff is seeking several forms of relief from the court. These include restitution equal to the actual price paid for the vehicle along with collateral charges such as sales tax and registration fees. Additionally, Lal seeks incidental and consequential damages including costs for repairs, towing, and rental cars incurred due to the defects. The complaint also demands civil penalties up to twice the amount of actual damages for BMW's willful non-compliance with its statutory obligations under the Song-Beverly Consumer Warranty Act.
Representing Jagvir Lal are attorneys Brian J. Bickel, Jordan K. Sannipoli, and John P. Myers from Bickel Sannipoli APC law firm based in San Diego. The case has been assigned Case No. CGC-24-616278 in front of Judge [Name].