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NORTHERN CALIFORNIA RECORD

Tuesday, November 19, 2024

California Resident Alleges Defective Vehicle Purchase Against Major Auto Manufacturer

State Court
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A California resident has taken legal action against a prominent automobile manufacturer and dealership, alleging multiple violations related to a defective vehicle purchase. On November 7, 2024, Musa Abkarov filed a complaint in the Superior Court of California, County of San Francisco, against Jaguar Land Rover North America LLC and Swickard SF Corporation D.B.A. Jaguar Land Rover San Francisco.

Musa Abkarov, residing in Sacramento, California, accuses the defendants of failing to honor express and implied warranties under the Song-Beverly Consumer Warranty Act after purchasing a 2020 Jaguar I-PACE on July 8, 2024. According to the complaint, despite numerous repair attempts by authorized facilities for defects that significantly impaired the vehicle's use and safety, the defendants failed to replace or refund the vehicle as required by law. The lawsuit claims that these actions constitute willful violations of the Song-Beverly Act because both Jaguar Land Rover North America LLC and Swickard SF Corporation were aware of the defects but did not take appropriate remedial actions.

The complaint further alleges that both defendants engaged in unfair business practices as defined by California Business & Professions Code § 17200. This includes accusations of unlawful conduct by knowingly selling defective vehicles without disclosing known issues to consumers. The plaintiff asserts that these practices have caused substantial injury and are contrary to public policy due to their deceptive nature.

Additionally, Musa Abkarov accuses Swickard SF Corporation specifically of negligent repair practices. The plaintiff claims that despite repeated visits for repairs at their facility, Swickard SF Corporation failed to properly diagnose or fix the issues with the vehicle. Instead, they allegedly installed inferior quality components compared to original equipment manufacturer (OEM) parts.

In seeking justice from the court, Musa Abkarov requests several forms of relief: rescission of the sales contract; restitution amounting to $39,529.20; consequential damages; civil penalties under the Song-Beverly Act amounting to twice actual damages; attorney’s fees; prejudgment interest; injunctive relief preventing further unfair competition practices by defendants; and an accounting for all monies received through such acts.

Representing Musa Abkarov are attorneys Neal F. Morrow III from MES Legal Inc., based in Torrance, CA, and Ryan K. Marden from Marden Law Inc., located in Irvine, CA. The case is presided over in the Superior Court of California under Case ID CGC-24-619610.

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