A California resident is taking legal action against a major automobile manufacturer and a local dealership over a defective vehicle. Erik W. Newton filed the complaint in the Superior Court of California, County of San Francisco, on September 6, 2024, naming Volkswagen Group of America, Inc. and Anderson Enterprises, Inc., doing business as Royal Motor Sales, as defendants.
The case revolves around a 2020 Volkswagen Atlas Cross S that Newton and his late wife, Aubrie Elizabeth Pick, purchased on November 24, 2020. According to the complaint, the vehicle was delivered with significant defects including engine issues, misfiring, carbon buildup, and problems with the infotainment system. Despite multiple attempts to repair these defects at authorized service facilities operated by Anderson Enterprises, Inc., the issues persisted.
Newton's complaint outlines several causes of action under the Song-Beverly Consumer Warranty Act. The first cause alleges breach of express warranty by Volkswagen Group of America for failing to repair or replace the defective vehicle despite being given reasonable opportunities to do so. "Defendants were unable to conform Plaintiff's Vehicle to the applicable express warranties after a reasonable number of attempts," states the complaint.
The second cause accuses Volkswagen Group of breaching implied warranties by selling a vehicle that was not fit for its intended purpose. The third cause further claims that Volkswagen failed to service or repair the vehicle within 30 days as required by Civil Code §1793.2(b). Additionally, Newton accuses Anderson Enterprises of negligent repair practices that exacerbated the vehicle's issues rather than resolving them.
Newton is seeking various forms of relief from the court including general, special, and actual damages; rescission of the purchase contract; restitution; diminution in value; incidental and consequential damages; civil penalties amounting to twice his actual damages; pre-judgment interest; and coverage for attorney fees and costs.
Representing Newton are attorneys Guy Mizrahi and Priscilla Le from JSGM Law LLP. The case has been assigned Case ID CGC-24-617902 in front of an unnamed judge in San Francisco County Superior Court.