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NORTHERN CALIFORNIA RECORD

Tuesday, November 12, 2024

Plaintiff alleges Automobile Manufacturer breached warranty over defective vehicle

State Court
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Rebeca Esquivel-Pedroza, Judge of the Superior Court of Santa Clara County in California | https://www.linkedin.com/

Esther Suarez Mayora has filed a lawsuit against a major automobile corporation, alleging serious defects in her vehicle that violate consumer protection laws. The complaint was filed on November 1, 2024, in the Superior Court of California, County of Santa Clara, targeting Volkswagen Group of America Inc.

The case revolves around a certified pre-owned 2018 Volkswagen Tiguan purchased by Mayora on July 11, 2021. According to the complaint, the vehicle came with several express and implied warranties promising it would be free from defects and fit for its intended use. However, Mayora claims that the car was delivered with significant defects affecting its engine system and other components. Despite numerous attempts to have these issues resolved by authorized service centers, the problems persisted. The lawsuit accuses Volkswagen of breaching both express and implied warranties under the Song-Beverly Consumer Warranty Act—a California law designed to protect consumers who purchase or lease new motor vehicles.

Mayora's legal team argues that Volkswagen failed to repair or replace the defective vehicle as required by law. They assert that this breach has caused Mayora significant inconvenience and financial loss. "Defendants were unable to conform Plaintiff's vehicle to the applicable express warranty after a reasonable number of repair attempts," states the complaint. Furthermore, it alleges that Volkswagen engaged in fraudulent concealment by not disclosing the true nature of the vehicle's defects.

In her lawsuit, Mayora seeks various forms of relief from the court. She demands rescission of the sales contract and restitution for all monies spent on purchasing and attempting to repair the vehicle. Additionally, she seeks compensation for diminution in value, incidental and consequential damages, as well as civil penalties amounting to twice her actual damages due to what she describes as intentional misconduct by Volkswagen. Moreover, she requests coverage for attorneys' fees incurred during this legal battle.

Representing Esther Suarez Mayora is Carrie Shumake from American Lemon Law Group LLP based in Los Angeles. The case is being reviewed under Case ID 24CV450793 by Judge J. Nguyen at the Superior Court of California in Santa Clara County.

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