A California resident has taken legal action against a major automobile manufacturer, alleging significant breaches of warranty and unfair business practices. Eduardo D. Orozco filed the complaint in the Superior Court of California, County of Ventura, on August 23, 2024, targeting Volkswagen Group of America, Inc.
According to the complaint, Orozco purchased a 2024 Audi Q8 E-Tron on May 5, 2024. The vehicle allegedly exhibited numerous defects and malfunctions that substantially impaired its use, value, and safety. Despite multiple repair attempts by authorized facilities, the issues persisted. Orozco claims that Volkswagen failed to conform the vehicle to its express written warranties within a reasonable number of repair attempts or warranty periods and did not replace the vehicle or offer restitution as required under California's Song-Beverly Consumer Warranty Act.
Orozco's lawsuit includes three causes of action: breach of express warranty under the Song-Beverly Act, breach of implied warranty under the same act, and violation of California Business and Professions Code § 17200. He argues that Volkswagen knowingly sold him a defective vehicle and then failed to make necessary repairs or provide adequate compensation. "The failure of Defendants to comply with the Song-Beverly Act was willful," states Orozco in his complaint.
The plaintiff is seeking various forms of relief from the court. These include a declaration that the sales contract is rescinded, actual damages according to proof at trial, consequential and incidental damages, restitution for all payments made towards the vehicle, civil penalties amounting to twice his actual damages under the Song-Beverly Act, attorney’s fees and expenses incurred in connection with this action, prejudgment interest at the highest legal rate, and injunctive relief requiring Volkswagen to abstain from further acts constituting unfair competition.
The case is being handled by attorneys Neal F. Morrow III from MFS Legal Inc., based in Long Beach, CA., and Ryan K. Marden from Marden Law Inc., located in Irvine, CA. The case ID for this filing is 20240 LU PLO2 9-453.