Los Angeles Federal Jury Unanimously Awards $159,480.05, including 2x Civil Penalty against BMW for Defective 2014 BMW 428i under California Lemon Law
Our clients Joe R. and his son Joe R., Jr. purchased a 2014 BMW 428i to be Joe, Jr.’s primary vehicle. Within four months of purchase, the vehicle started manifesting serious engine defects like shaking, rough idle, and the fuel gauge malfunctioning. Within the first year of ownership, Joe, Jr. contacted BMW twice and asked BMW to repurchase the vehicle because the engine issues continued even after four repair opportunities at BMW’s dealerships. BMW refused the repurchase requests and forced Joe, Jr. to continue driving the dangerous vehicle. Within 14 months of ownership, the vehicle dangerously stalled unexpectedly while Joe, Jr. was driving on the freeway. Fortunately, he did not get into an accident. The same day, Joe, Jr. called BMW again and asked for a repurchase for third time. This time, BMW did offer to repurchase the vehicle but the offer was for far less than the Song-Beverly Consumer Warranty Act (California Lemon Law) requires.
BMW refused to correct its offer, so Joe R. and Joe, Jr. hired counsel. The case went to trial in federal court in the Central District of California, where Joe R. and Joe, Jr. were represented by California Lemon Law -trial attorneys Richard Wirtz and Amy Rotman from Wirtz Law APC. After a three-day trial, the jury took less than 1-hour to unanimously award Joe R. and Joe, Jr. with the maximum damages awardable under the California Lemon Law: repurchase and a two-time civil penalty for a total of $159,480.05, plus BMW was ordered to pay plaintiff’s attorney’s fees and costs. The jury agreed that BMW 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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