Our client, Sam P. purchased a new 2010 BMW X5, as a premium luxury SUV to enjoy in his retirement and to use for safe and reliable passage to visit and transport his grandchildren. The BMX X5 SUV turned out to be anything but reliable. Within the first six months of his purchase, the X5 started losing the time and date from the dash and hesitating to start. Sam trusted BMW to fix the concerns and dutifully brought it in to his local dealership. However, just weeks after the first repair, the X5 started exhibiting another problem which would become Sam’s torment: leaking oil.
The constant oil leaks became the bane of Sam’s existence. He brought the X5 in repeatedly complaining of the leaks, and despite many transfer case seal replacements nothing solved the problem. The oil leaks alone were bad enough, but the X5 also started to run rough, misfire, jump, surge, lurch, and make horrible screeching sounds. The A/C also failed repeatedly, requiring 4 extra repair visits for the A/C alone. By the time Sam had enough and contacted BMW to ask for a repurchase he had brought the X5 in for repair at least fourteen (14) times.
In response to Sam’s request for repurchase, BMW refused and rubber stamped the rejection claiming that all warrantable problems were addressed within a reasonable amount of time and attempts. The jury in Ventura County Superior Court disagreed.
Sam’s case went to trial in May 2019, where he was represented by California Lemon Law trial attorneys Richard M. Wirtz and Jessica R. Underwood of Wirtz Law APC. After a two week trial, and 4.5 hours of deliberations, the jury awarded Sam with the maximum damages awardable under the Song-Beverly Consumer Warranty Act (California Lemon Law) of $204,824.91, plus BMW was ordered to pay plaintiff’s attorney’s fees and costs. Damages included buyback damages, incidental and consequential damages, plus a two-time civil penalty for BMW’s willful failure to comply with the California Lemon Law. Even after the jury’s verdict, BMW refuses to accept that it violated California’s Lemon Law and has appealed this jury’s verdict.
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