A California resident has taken legal action against a major automobile manufacturer, alleging significant violations of consumer protection laws. Tito Hernandez filed a complaint on November 15, 2024, in the Superior Court of California, County of Santa Clara, against Ford Motor Company. The lawsuit accuses the automotive giant of failing to honor warranties and engaging in unfair business practices.
The case centers around a 2019 Ford Fusion purchased by Hernandez on August 16, 2019. According to the complaint, the vehicle exhibited defects that impaired its use, value, and safety. Despite multiple repair attempts at authorized facilities, Ford allegedly failed to rectify these issues or provide restitution as required under the Song-Beverly Consumer Warranty Act. This California law mandates that manufacturers must either replace defective vehicles or refund their purchase price if they cannot be repaired within a reasonable number of attempts.
Hernandez claims that Ford's actions were willful and negligent. The company is accused of knowingly selling vehicles with defective components and failing to properly diagnose or repair these issues. Furthermore, the lawsuit alleges that Ford engaged in deceptive business practices by installing reconditioned parts instead of original equipment manufacturer (OEM) components during repairs. These actions are said to violate not only warranty laws but also California's Business and Professions Code § 17200, which prohibits unlawful and unfair business practices.
In addition to seeking rescission of the sales contract and restitution for the vehicle's purchase price of $51,588.42, Hernandez demands civil penalties amounting to twice his actual damages due to Ford's alleged willful misconduct. He also seeks compensation for consequential damages and attorney’s fees incurred during this legal battle. The complaint further requests injunctive relief to prevent Ford from continuing such practices and an order for the company to account for profits gained through unfair competition.
Representing Tito Hernandez 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 by Judge M. Arechiga under Case No.: 240V451785.