A California resident has filed a lawsuit against a major automobile manufacturer, alleging multiple violations of consumer protection laws. On December 11, 2024, James Kirk Zimmer filed a complaint in the Superior Court of California, County of Santa Clara, against Ford Motor Company. The case accuses Ford of failing to honor warranties and engaging in unfair business practices related to Zimmer's purchase of a 2019 Ford Fusion.
James Kirk Zimmer claims that after purchasing the vehicle on February 23, 2020, he experienced significant defects that impaired its use and safety. Despite multiple repair attempts by authorized facilities, these issues were not resolved. Zimmer alleges that Ford violated the Song-Beverly Consumer Warranty Act by not conforming the vehicle to express and implied warranties within a reasonable timeframe. He asserts that this failure was willful, as Ford had knowledge of the defects but did not take appropriate action to rectify them or compensate him. "The failure of Defendants to comply with the Song-Beverly Act was willful," states Zimmer in his complaint.
Zimmer is seeking various forms of relief from the court. He requests actual damages amounting to $29,497—the approximate purchase price of the vehicle—along with consequential and incidental damages. Additionally, he seeks restitution for all payments made towards the vehicle and civil penalties under the Song-Beverly Act totaling twice his actual damages. The complaint also demands reasonable attorney’s fees and expenses incurred during this legal process.
Moreover, Zimmer accuses Ford of violating California's Business and Professions Code § 17200 by engaging in unlawful, unfair, and fraudulent business practices. He claims that Ford knowingly sold vehicles with defective components without proper disclosure to consumers and failed to perform adequate repairs. The lawsuit seeks injunctive relief to prevent further violations by Ford and an order requiring them to account for profits gained through these alleged unfair practices.
Representing James Kirk Zimmer are attorneys Ryan K. Marden from Marden Law Inc., based in Irvine, CA, and Neal F. Morrow III from MFS Legal Inc., located in Torrance, CA. The case is presided over by Judge L. Ayala under Case No.: 24CV453715.