Joshua A. Perez has filed a lawsuit against a major automobile manufacturer, alleging that his new vehicle was defective and unsafe. The complaint was lodged on November 19, 2024, in the Superior Court of California, County of Santa Clara, targeting Volkswagen Group of America, Inc. as the defendant.
Perez's case revolves around a 2021 Volkswagen Jetta he purchased on March 31, 2022. According to the complaint, the vehicle came with an express written warranty from Volkswagen. However, Perez claims that from the moment it was delivered, the car was not in a merchantable condition and failed to meet expected safety and quality standards. He experienced numerous failures with the vehicle that were not due to misuse or modifications on his part. These persistent issues led him to accuse Volkswagen of breaching both implied and express warranties.
The first cause of action highlights a breach of implied warranty by Volkswagen. Perez asserts that when he bought the vehicle, it was impliedly warranted to be of merchantable quality and fit for its intended use—an expectation he claims was unmet due to various defects making the car unsafe and unreliable. As a result of these breaches, Perez states that he suffered incidental and consequential damages and is seeking reimbursement for financing costs, repair expenses, attorney fees, and civil penalties under Civil Code Sections 1793.2 and 1794.
In his second cause of action for breach of express warranty, Perez reiterates his grievances about Volkswagen's failure to uphold their promises regarding the vehicle's condition. Despite several attempts to have it repaired by Volkswagen within a reasonable timeframe, Perez alleges that these efforts were inadequate. Consequently, he argues that the value of his Jetta is significantly less than anticipated at purchase. He seeks rescission of the purchase agreement along with restitution damages.
Perez also invokes the Song Beverly Consumer Warranty Act in his third cause of action against Volkswagen. This act mandates manufacturers to either replace defective goods or reimburse buyers if they fail to conform goods to applicable warranties after reasonable repair attempts—a requirement Perez claims Volkswagen did not fulfill with his Jetta.
Represented by Arye C. Abraham from Abraham Law PC in Los Angeles, Joshua A. Perez seeks multiple forms of relief including rescission of his purchase agreement for the vehicle; reimbursement for related costs; attorney’s fees; civil penalties; and other appropriate remedies deemed fit by court judgment (Case No: 24CV452145). The case will be reviewed under Judge P. Hernandez at Santa Clara County Superior Court.