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NORTHERN CALIFORNIA RECORD

Thursday, October 3, 2024

Plaintiffs Allege Major Automobile Manufacturer Breached Warranty Obligations

State Court
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A recent court filing alleges that a major automobile manufacturer failed to uphold its warranty obligations, leaving two California residents with a defective vehicle. On September 17, 2024, Jonathan David Tang and Madeline Yeewei Wu filed a complaint in the Superior Court of California, County of Santa Clara, against Mazda Motor of America, Inc., doing business as Mazda North American Operations.

The plaintiffs, Jonathan David Tang and Madeline Yeewei Wu, purchased a 2024 Mazda CX-90 from Stevens Creek Mazda in San Jose on December 17, 2023. They claim that the vehicle developed several defects during the warranty period that substantially impaired its use, safety, and value. According to the complaint, these defects included issues with the EV system, engine malfunction, DCDC converter malfunction, electrical system problems, and transmission issues. Despite multiple attempts to have these defects repaired by Mazda's authorized representatives within a reasonable time frame, the plaintiffs allege that the vehicle was never adequately fixed.

The plaintiffs argue that Mazda violated several provisions of California's Civil Code under the Song-Beverly Warranty Act. Specifically, they accuse Mazda of failing to repair or replace the defective vehicle as required by law (Civil Code sections 1793.2(d), 1793.2(b), and 1793.2(a)(3)). They also claim breaches of both express and implied warranties under Civil Code sections 1791.2(a) and 1791.1 respectively.

Tang and Wu are seeking various forms of relief from the court. They demand actual damages exceeding $25,000 for incidental and consequential losses incurred due to the defective vehicle. Additionally, they seek restitution for their purchase along with civil penalties amounting to twice their actual damages as stipulated under Civil Code section 1794(c) or (e). The plaintiffs also request compensation for any consequential and incidental damages incurred due to Mazda's alleged failure to honor its warranty obligations.

Represented by attorney Misoo Choi from the Law Office of Misoo Choi APC in Los Angeles, Tang and Wu are pushing for a jury trial to resolve their claims against Mazda Motor of America Inc., which is registered as a corporation in California engaged in designing, manufacturing, marketing, selling automobiles and related services in Santa Clara County.

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