Noflin v. Volkswagen Group of America CA2/4
Appellant Bernice Noflin leased and later purchased a new 2009 Volkswagen Tiguan (vehicle) from defendant Volkswagen of Downtown L.A., L.P. (VW–DTLA). The vehicle was covered by a manufacturer’s standard new vehicle warranty. Between July 2008 and September 2014, Noflin experienced numerous mechanical and electrical problems with the vehicle and delivered it on 14 occasions to VW–DTLA for repair. By November 19, 2014, Noflin had decided the vehicle was a “lemon” and demanded that defendants Volkswagen Group of America, Inc. (Volkswagen) and VW–DTLA provide her a refund or replace the vehicle under the provisions of the Song–Beverly Consumer Warranty Act, Civil Code section 1790, et seq. (Song–Beverly Act, or the Act). By January 28, 2015, Volkswagen had extended three increasing offers to repurchase Noflin’s vehicle. None was accepted.
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