Andres A. and Lucia A. leased then purchased a 2012 Dodge Durango to be their primary family vehicle, to drive to and from work and drive the kids to school and their activities. Over the next three years, the Durango caused the family nothing but trouble. Andres and Lucia brought the Durango to FCA’s dealerships five times for issues ranging from the turn signal bulbs burnt out to the vehicle would not start to the transmission would shift on its own. After these issues repeated and FCA could not fix them, Lucia and the kids stopped driving in the Durango because they felt it was too dangerous and unreliable. After FCA was unable to repair the Durango after these five repair opportunities, Andres and Lucia contacted FCA directly and requested buyback. Despite the serious issues and the repeat visits to the dealership, FCA refused.
After FCA’s refusal, Andres and Lucia hired counsel. The case went to trial in Santa Clara County Superior Court, where Andres and Lucia were represented by California Lemon Law trial attorneys Richard Wirtz and Amy Rotman from Wirtz Law APC. After a two-week trial, the jury awarded Andres and Lucia with the maximum damages awardable under the Song-Beverly Act (California Lemon Law): repurchase and a two-time civil penalty, for a total of of $108,325.83, plus FCA was ordered to pay plaintiff’s attorney’s fees and costs. The jury agreed that FCA had willfully violated the California Lemon Law by refusing to repurchase the vehicle despite the repeated repair visits and serious, unrepaired defects.
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