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Plaintiff alleges Mercedes-Benz USA failed warranty obligations under Song-Beverly Act

NORTHERN CALIFORNIA RECORD

Monday, November 25, 2024

Plaintiff alleges Mercedes-Benz USA failed warranty obligations under Song-Beverly Act

State Court
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In a legal battle that could have significant implications for consumer rights, Eugene De La Pena has filed a lawsuit against Mercedes-Benz USA, LLC, in the Superior Court of California, County of San Francisco on October 28, 2024. The complaint accuses the automotive giant of failing to honor its warranty obligations under the Song-Beverly Consumer Warranty Act.

The case revolves around a 2023 Mercedes-Benz EQE350X4 leased by De La Pena from Mercedes Benz of San Francisco on October 16, 2023. Despite being backed by a comprehensive warranty package—including a four-year/50,000-mile express bumper-to-bumper warranty and a ten-year/155,000-mile battery limited warranty—the vehicle reportedly suffered from persistent electrical system defects. These issues included repeated malfunctions of the 12V battery and problems with the DC Charging Control Unit that prevented the battery from charging beyond 86%. Despite multiple repair attempts at authorized facilities in Oakland and San Francisco, these defects remained unresolved.

De La Pena alleges that Mercedes-Benz USA failed to conform the vehicle to its warranties within a reasonable number of repair attempts as required by law. "Despite Plaintiff's repeated attempts at informing Defendant MBUSA’s authorized repair facilities of the electrical system defects," reads the complaint, "none of the aforementioned repair attempts successfully repaired the Subject Vehicle." This failure has allegedly left De La Pena with a vehicle that is not only unreliable but also significantly impaired in terms of use and value.

Under California's Song-Beverly Consumer Warranty Act—commonly known as the "Lemon Law"—manufacturers are obligated to repurchase or replace vehicles that cannot be repaired after a reasonable number of attempts. De La Pena claims that Mercedes-Benz USA has willfully violated this act by refusing to offer such remedies despite being aware of ongoing nonconformities related to his vehicle.

The plaintiff is seeking several forms of relief from the court. These include general, special, and actual damages; rescission of the purchase contract; restitution for all monies expended; diminution in value; incidental and consequential damages; prejudgment interest; and reasonable attorney’s fees and costs. Additionally, due to what he describes as willful violations by Mercedes-Benz USA, De La Pena is also pursuing civil penalties amounting to twice his actual damages.

Representing Eugene De La Pena are attorneys Allen Amarkarian and Camran Pakbaz from Apex Consumer Law Group. The case is being heard under Case No. CGC-24-619298 in front of judges at the Superior Court in San Francisco.

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