In September 2012, our client, the Plaintiff bought a new 2013 BMW 335i Active Hybrid “ultimate driving machine” sports sedan, his dream car and first new car after driving a used 1999 Honda Civic for thirteen years. He was excited to treat himself to a premium luxury vehicle after obtaining his Doctorate, but was sorely disappointed. The Plaintiff brought the 335i in for repair for a litany of problems over the following years, and each time one problem seemed repaired it either returned or a different issue popped up. The 335i had problems with jerky acceleration, rough idle, catching braked and hard stops, A/C malfunctions, oil leaks, defroster defects, clogged water plugs, corroding battery points, blown fuses, restraint system malfunctions, coolant leaks.  These were just the defects on the repair orders. There were additional defects reflected by the hidden codes that only BMW technicians get to see.

After 56 days out of service during the first 50,000 miles and 14 trips back and forth to BMW, the Plaintiff completely lost faith in the vehicle and was tired of playing whack-a-mole. In January 2017, the Plaintiff called BMW to ask for a repurchase. Despite the lengthy warranty repair history, BMW rubber stamped a rejection telling the Plaintiff that after a “thorough investigation” BMW determined the “vehicle’s service history does not present an obligation for BMW NA to require the vehicle,” and accordingly, the Plaintiff’s request was summarily rejected.

The Plaintiff hired counsel to pursue his California Lemon Law rights. In August 2019, his case went to trial in Los Angeles County Superior Court. The Plaintiff was represented by California Lemon Law trial attorneys Richard M. Wirtz and Jessica R. Underwood, of Wirtz Law APC. After nearly a two week trial, and just over two hours of deliberating, the jury returned a verdict in the Plaintiff’s favor and awarded him both his repurchase price and a civil penalty to punish BMW for its willful violation of the California Lemon Law in the total amount of $103,572.32, plus BMW was ordered to pay plaintiff’s attorney’s fees and costs.

For more information call the experienced trial attorneys at 858-259-5009 for a free case evaluation.