Siavosh Khajavi has taken legal action against a prominent automobile manufacturer, alleging significant defects in a recently purchased vehicle. The complaint was filed by Khajavi on October 11, 2024, in the Superior Court of California, County of Santa Clara, against BMW of North America, LLC.
The lawsuit centers around a 2023 BMW i7 that Khajavi acquired on January 15, 2024. The plaintiff claims that the vehicle was delivered with serious defects and nonconformities to its warranty, specifically citing issues with the brakes and electrical systems. According to the complaint, these defects substantially impair the vehicle's value, use, and safety. Khajavi alleges that despite numerous attempts to have these issues rectified by authorized service facilities, BMW failed to conform the vehicle to applicable warranties. "Each time Plaintiff delivered the nonconforming Vehicle... Defendants failed to conform the Vehicle to the applicable warranties," states the complaint.
Khajavi's legal action is based on alleged violations of California's Song-Beverly Consumer Warranty Act. This act provides protection for consumers who purchase or lease new motor vehicles with express warranties. The plaintiff accuses BMW of breaching both express and implied warranties under this act. Additionally, Khajavi contends that BMW violated Section 1793.2(b) of the Song-Beverly Act by failing to repair or replace defective goods within a reasonable time frame.
The plaintiff seeks various forms of relief from the court. These include general damages exceeding $35,000 exclusive of interest and costs, rescission of the sales contract along with restitution for all monies expended, and incidental and consequential damages according to proof at trial. Furthermore, Khajavi requests a civil penalty amounting to two times his actual damages due to what he describes as BMW's willful failure to comply with its responsibilities under the Song-Beverly Act.
Representing Siavosh Khajavi is attorney Carrie Shumake from American Lemon Law Group LLP. The case is presided over by Judge L. Ayala under Case ID 24CV449327.