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Automotive - Verdict in favor of Plaintiff in the amount of US$435,995

Case Name: Justin Kiluk v. Mercedes-Benz USA, LLC
Case Number: G056344
Outcome Type Settlement
Court: Superior Court of Orange County

Plaintiff's Complaint:
This case involved the sale of a certified preowned Mercedes Benz that still had a portion of the new vehicle warranty remaining, and which was accompanied by an additional used vehicle warranty issued by the manufacturer. A defect manifested after the expiration of the new vehicle warranty, but during the duration of the certified preowned warranty. Mercedes Benz refused to repurchase the vehicle and the plaintiff represented by the Lemon Law Experts sued. A jury found Mercedes Benz liable under the California Lemon Law, the Song Beverly Consumer Warranty Act and the court entered judgment for plaintiff. Mercedes Benz appealed. On appeal, Mercedes Benz disputed that the vehicle was a “new motor vehicle” under the Song Beverly Act.

Defendant's Wrongdoing:
The Appellate court affirmed the judgment and opined that a used vehicle sold during the period of a transferrable new vehicle warranty is a “new motor vehicle” under the Song Beverly Act. The Court held that Mercedes Benz partnered with a dealership to sell used vehicles directly to the public by offering an express warranty as part of the sales package. By partnering with the dealership, Mercedes Benz stepped into the role of a retailer and was subject to the obligations under Song Beverly.

Plaintiff's Attorneys:
The Lemon Law Experts, 5757 W Century Blvd #500 Los Angeles, CA 90045, 310-442-1410, 877-566-8828,, Representing Justin Kiluk

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Published on Dec-6-21


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