On July 19, 2017, the Vachon Law Firm filed a lawsuit alleging breaches of the California lemon law and federal lemon law against DCH Riverside-S, Inc. (a corporation that does business as the new and used car dealership “DCH Subaru of Riverside“). The lawsuit is titled Vizcarra v. DCH Riverside-S, Inc., et al. (Superior Court of California, County of Orange Case No. 30-2017-00932907).
Allegations Against DCH Subaru of Riverside
The Plaintiff in the lawsuit is a consumer who resides in Orange County, California. According to the lawsuit’s Complaint, she purchased a used 2014 Nissan Rogue from DCH Subaru of Riverside in September 2016. The Complaint further alleges that the sale was accompanied by the dealer’s express warranty and implied warranty of merchantability, but that DCH Subaru of Riverside failed to properly fix a defect that repeatedly causes that Nissan Rogue’s check-engine light to illuminate. The Plaintiff alleges in her Complaint that she delivered the Nissan Rogue to DCH Subaru of Riverside on eight occasions, but that the dealer was unable or unwilling to properly diagnose and repair the problem.
Click below to read a copy of the Complaint that was filed to initiate the Vizcarra v. DCH Riverside-S, Inc., et al. lawsuit.
Please note: the mere filing of a lawsuit does not mean that the Complaint’s allegations are true or that the defendant did anything illegal. The Orange County Superior Court has not yet made any determination of whether or not the Complaint’s allegations are true.
The Complaint alleges causes of action under the California lemon law statute (i.e., the Song-Beverly Consumer Warranty Act (Cal. Civ. Code § 1790 et seq.)) for breach of express warranty and breach of the implied warranty of merchantability. The Complaint also asserts a cause of action under the federal lemon law (i.e., the Magnuson-Moss Warranty Act (15 U.S.C. § 2310 et seq.)).
Has DCH Subaru of Riverside Ever Intentionally Refused to Repair a Problem Under Your Warranty?
The Complaint in the Vizcarra v. DCH Riverside-S, Inc., et al. lawsuit alleges not only that DCH Subaru of Riverside was unable to repair the Nissan Rogue, but that the dealer intentionally refused to properly repair the vehicle in an attempt to save money. Under the California lemon law statute, a car dealer’s intentional failure to comply with the lemon law’s requirements may allow the consumer to recover a civil penalty, in addition to a lemon law buyback.
The Vachon Law Firm is currently looking for witnesses who may be able to testify regarding their experiences with DCH Subaru of Riverside. Particularly, if you believe that DCH Subaru of Riverside intentionally refused to repair a warranty problem with your vehicle, then please call the Vachon Law Firm toll free at 1-855-4-LEMON-LAW (1-855-453-6665). You can also contact us via email.