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Plaintiffs Allege Major Automaker Breached Warranty Over Defective Vehicle

NORTHERN CALIFORNIA RECORD

Tuesday, January 14, 2025

Plaintiffs Allege Major Automaker Breached Warranty Over Defective Vehicle

State Court
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Santa Clara County Superior Court | Official Website

In a dramatic legal showdown, a couple has taken on a major automobile manufacturer, alleging that their vehicle was riddled with defects from the moment it left the dealership. On December 30, 2024, Michael and Tabitha McKessy filed a complaint in the Superior Court of California, County of Santa Clara, against Ford Motor Company. The McKessys claim that their used 2020 Ford F150 failed to meet safety and quality standards, leading to repeated breakdowns and rendering the vehicle unsafe.

The plaintiffs, residents of Los Angeles County, purchased the Ford F150 under the impression that it came with an express written warranty from Ford Motor Company. However, they allege that upon delivery, the vehicle was not in merchantable condition and did not conform to expected safety guidelines. "The VEHICLE failed an unreasonable amount of times," the complaint states, emphasizing that these issues were not due to any misuse or modifications by the plaintiffs.

According to the McKessys' lawsuit, Ford breached both implied and express warranties. They argue that Ford's failure to repair the vehicle within a reasonable timeframe violated California's Song Beverly Consumer Warranty Act. This law mandates manufacturers either replace defective goods or reimburse buyers if repairs cannot be made after several attempts. The McKessys assert that despite numerous efforts to have their vehicle repaired, it remained non-functional and hazardous.

The complaint outlines three primary causes of action: breach of implied warranty, breach of express warranty, and violation of the Song Beverly Consumer Warranty Act. The plaintiffs are seeking reimbursement for costs associated with financing and owning the defective vehicle, rescission of the purchase agreement, restitution damages, attorney's fees, and civil penalties as determined at trial. They also request incidental and consequential damages along with pre-judgment interest.

Representing Michael and Tabitha McKessy is Lalezary Law Firm LLP based in Beverly Hills. Attorneys Shervin Lalezary and Cameron Pari are spearheading this case against Ford Motor Company under Case No.: 24CV455411. As this legal battle unfolds in front of Judge L. Ayala at Santa Clara's Superior Court, it underscores ongoing tensions between consumers seeking accountability from large corporations over product reliability.

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