The Vachon Law Firm has filed a California lemon law lawsuit against the Fontana, California new and used car dealership Sunrise Ford. The lawsuit arises out of a consumer’s purchase of a used 2008 Ford F250 that the Plaintiff alleges turned out to be a lemon. The lawsuit was filed on July 26, 2013 in the San Bernardino County Superior Court, and is titled Godinez v. Sunrise Ford, et al. (Case No. CIVDS1308764).
Allegations Against Sunrise Ford
In the Godinez v. Sunrise Ford lawsuit, the Complaint alleges that in February, 2013 the Plaintiff (a San Bernardino County consumer) visited the popular Fontana, California Ford dealership shopping for a used truck, and while there purchased a 2008 Ford F250. The Complaint goes on to allege that Plaintiff’s purchase of the Ford F250 was accompanied by Sunrise Ford’s express warranty and the implied warranty of merchantability.
According to the Complaint, the Plaintiff returned the Ford F250 to Sunrise Ford at least four times for a defect that causes the truck to lose power, overheat, and which renders it unsafe to drive; however, the Plaintiff also contends that on each occasion Sunrise Ford returned the F250 without properly fixing the problem.
Based on the allegations that Sunrise Ford was unable to repair the Ford F250 within a reasonable number of attempts, the Complaint asserts two causes of action under California’s lemon law statute. The first asserts that Sunrise Ford is obligated to offer a lemon law buyback for the Ford F250, and must pay the Plaintiff a civil penalty for its alleged willful failure to comply with the statute’s requirements. The second asserts that the Plaintiff is entitled to rescind the purchase contract (and receive a full refund) because the Ford F250 is not fit for the purposes for which trucks are ordinarily used.
The Complaint also alleges that Sunrise Ford illegally misrepresented to Plaintiff that it never buys back defective automobiles, even though it had a duty to do so because it was the alleged warrantor of the Ford F250.
Click below to read a copy of the Godinez v. Sunrise Ford complaint.
Please note that the San Bernardino County Superior Court has not yet made any rulings determining whether or not Sunrise Ford violated any applicable laws. Sunrise Ford is expected to deny all liability when it answers the Complaint.
Vachon Law Firm Looking For Other Sunrise Ford Customers
Did you purchase a defective used car from Sunrise Ford that the dealer was unable to properly fix during the warranty period? Did Sunrise Ford refuse to buy it back and tell you that it had no obligation to do so? If so, the Vachon Law Firm would like to hear from you. The Godinez v. Sunrise Ford lawsuit alleges that Sunrise Ford has an illegal practice of misrepresenting its legal obligations to repurchase defective automobiles that are covered by its warranties.
If you purchased a used car with a warranty that turned out to be a lemon, and if Sunrise Ford told you that it had no obligation under the California lemon law to buyback the vehicle, then please call the Vachon Law Firm today at 855-4-LEMON-LAW (855-453-6665). If you prefer, you can also contact us via email.
You may have valuable information relevant to Ms. Godinez’s case. Who knows, you might also be entitled to a lemon law buyback. Please call us today!