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California Residents Sue Volvo Car USA Over Defective Vehicle Lease

NORTHERN CALIFORNIA RECORD

Wednesday, February 5, 2025

California Residents Sue Volvo Car USA Over Defective Vehicle Lease

State Court
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Santa Clara County Superior Court | Official Website

Bamboo Fish, Inc. and Kyung Sun Kim have taken legal action against a major automobile manufacturer, alleging serious violations of consumer protection laws due to persistent vehicle defects. On January 23, 2025, Bamboo Fish, Inc., along with Kyung Sun Kim, filed a complaint in the Superior Court of California, County of Santa Clara against Volvo Car USA, LLC. The plaintiffs claim that their leased 2023 Volvo XC90 developed multiple defects that impair its use and safety.

The lawsuit was initiated by Bamboo Fish, Inc., a California corporation, and Kyung Sun Kim, an individual residing in Santa Clara County. They accuse Volvo Car USA, LLC—a Delaware corporation engaged in the automotive industry—of failing to honor express and implied warranties under the Song-Beverly Consumer Warranty Act. According to the complaint, after leasing the vehicle from AutoNation Volvo Cars San Jose in September 2023 for personal use, it exhibited significant issues with its center screen, engine, air conditioning system, and rearview camera. Despite numerous attempts to repair these defects during the warranty period at authorized service centers, the problems persisted.

The plaintiffs argue that these ongoing issues violate several provisions of California's Civil Code Section 1793.2 and constitute breaches of both express and implied warranties as outlined in Sections 1791.2 and 1791.1 respectively. Specifically, they assert that Volvo failed to repair or replace the defective vehicle within a reasonable timeframe as required by law. Furthermore, they allege that Volvo did not provide adequate service literature or replacement parts necessary for repairs during the warranty period.

In their pursuit of justice, Bamboo Fish Inc., and Kyung Sun Kim are seeking actual damages exceeding $25,000 along with civil penalties amounting to twice their actual damages due to what they describe as willful non-compliance by Volvo. They also demand restitution for financial losses incurred from the vehicle's diminished value caused by its defects. Additionally, they request compensation for consequential damages alongside attorney fees and court costs.

Represented by attorney Misoo Choi from the Law Office of Misoo Choi APC based in Los Angeles; this case is registered under Case No.: 25CV457225 at Santa Clara County’s Superior Court with Y. Chavez reviewing it upon filing.

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