On July 29, 2013, the Vachon Law Firm has filed a complaint in the Los Angeles County Superior Court in the case of Chang v. Ducati North America, Inc., et al. The lawsuit is based upon Ducati North America and Pro Italia Motors’s alleged failure to properly repair a defect in a Ducati 1198S superbike. The lawsuit includes two California lemon law causes of action, and has been assigned to L.A. County Superior Court judge the Hon. Maureen Duffy-Lewis (Case No. BC516637).
Allegations that Ducati Willfully Violated California Lemon Law Statute
The Complaint in the Chang v. Ducati North America lawsuit alleges that in February, 2010 the Plaintiff Kevin Chang, a Monterey Park, California consumer, purchased a new Ducati 1198S motorcycles from Pro Italia Motors in Glendale, California. It then goes on to allege that, while it was under an express warranty issued by Ducati North America, it manifested a dangerous transmission defect that causes the motorcycle’s gears to lock up while it is being ridden.
The Complaint alleges that Chang took the Ducati 1198S back to Pro Italia Motors (Ducati North America’s authorized repair facility) on two occasions for repair of the defect, but that it was unable to properly repair the malfunction under Ducati’s express warranty. The Complaint goes on to allege that after the second unsuccessful repair attempt the defect caused the motorcycle’s gears to lock up while Chang was riding it, causing an accident resulting in injury to the rider, property damage, and substantial pain and suffering.
The Plaintiff alleges in the Complaint that after the accident he requested that Ducati repurchase the motorcycle under the California lemon law, but that Ducati refused to offer a lemon law buyback or any remedy whatsoever.
Based on these allegations, the Complaint asserts a breach of express warranty claim under the California lemon law against Ducati seeking a lemon law buyback. The Complaint also requests that Ducati be ordered to pay a civil penalty equal to twice Mr. Chang’s actual damages because of Ducati’s alleged willful failure to comply with the lemon law statute’s requirements. It also asserts a lemon law claim against Pro Italia Motors for breach of the implied warranty of merchantability.
Click below to read a copy of the Complaint in the Chang v. Ducati North America, Inc., et al. lawsuit.
As of the date of this post, the L.A. County Superior Court has not yet ruled on whether or not Ducati or Pro Italia Motors violated the lemon law. Both defendants are expected to deny liability and wrongdoing when they answer in the case.
Lemon Law Attorney Looking For Owners of Defective Ducati Superbikes
The Vachon Law Firm is representing the Plaintiff in the Chang v. Ducati North America lawsuit. We are currently looking for other defective Ducati 1198S owners or anyone who has experienced transmission lock-up problems in Ducati brand superbikes. If you own a lemon Ducati motorcycle, or if you think you have information relevant to the defect alleged in this case then please call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665).