Lemon law – Steering on BMW M4 is not repaired. $111,000. Los Angeles Federal Court.
Steering issues in $80,000 BMW M4 are not corrected despite repeated repair visits.
- Case Name: Farzad Ardestani v. BMW of North America, LLC
- Court and Case Number: USDC, Central District of California - 8:17-CV-00721-JDE
- Date of Verdict or Judgment: Thursday, February 14, 2019
- Date Action was Filed: Tuesday, March 14, 2017
- Type of Action: Breach of Warranty, Consumer Protection
- Judge or Arbitrator(s): Magistrate John D. Early
Plaintiffs: Farzad Ardestani
Defendants: BMW of North America, LLC
- Type of Result: Jury Verdict
- Gross Verdict or Award: $111,000
- Trial or Arbitration Time: 3 1/2 days.
- Jury Deliberation Time: 2 hours.
Attorney for the Plaintiff:
Rosner, Barry & Babbitt, LLP, by Hallen D. Rosner, San Diego.
Attorney for the Defendant:
Dinsmore & Shohl LLP, by Stephen K. Cho, Los Angeles.
Plaintiff's Technical Expert(s):
Gregory Barnett, automotive engineering.
Defendant's Technical Expert(s):
Luis Holguin, BMW employee.
Facts and Background
Facts and Background:
In August 2016, plaintiff entered into a lease agreement for a 2016 BMW M4 from Crevier BMW. Within a month of taking delivery of the vehicle, Mr. Ardestani began experiencing steering issues. Specifically the vehicle would pull and drift to the right at all speeds and road surfaces.
The vehicle was taken to two separate BMW Authorized Repair Facilities on five different occasions over the course of four months. The BMW Authorized Repair Facilities observed the steering issues but were unable to remedy the issue. Following the repeated failed repair attempts, Mr. Ardestani contacted BMW of North America, LLC in January 2017 to request a repurchase of the 2016 BMW M4. BMW rejected Mr. Ardestani's repurchase request.
Plaintiff originally filed suit in the Orange County Superior Court. In April 2017, BMW removed the action to the United States District Court, Central District of California.
That BMW and its authorized repair facilities were unable to conform the vehicle to the applicable express and implied warranties after a reasonable number of attempts. That the failure to remedy these defects violated the express warranty provided to plaintiff. That the nonconformities substantially impair the use, value, and/or safety of the Vehicle. That the implied warranty of merchantability has been breached, in that the vehicle would not pass without objection in the trade. That BMW willfully refused to repurchase the 2016 BMW M4.
That plaintiff's concerns were caused by unreasonable or unauthorized use. That plaintiff and/or others misused, abused, and improperly cared for and maintained the 2016 BMW M4. That the vehicle was fit for providing transportation at all relevant times.
Plaintiff’s settlement demand was for rescission/restitution and $10,000 in civil penalties.
BMW NA made one offer: $2,500 cash and keep.
Neither party made a CCP 998 offer prior to removal and neither party made a Rule 68 offer.