Villa, et al. v. RV Solutions, Inc., et al.
(Note: This case was settled pursuant to a mutually acceptable settlement agreement)
On March 27, 2013, the Vachon Law Firm filed a lawsuit in the San Diego County Superior Court on behalf of two San Diego County consumers who claim that the RV they purchased from RV Solutions is a lemon. The lawsuit also names the motorhome’s manufacturers, Ford Motor Company and MVP RV, Inc., as co-defendants, as well as the lender that financed the RV’s sale, Bank of America. The suit is titled Villa, et al. v. RV Solutions, Inc., et al. (San Diego County Superior Court Case No. 37-2013-000941235).
Allegations Against RV Solutions and the Co-Defendants
In the Villa v. RV Solutions lawsuit, the complaint alleges that on May 21, 2012 the Plaintiffs, Domingo Villa and Anita Villa, visited RV Solutions at its San Diego, California dealership lot and purchased a new 2012 Tahoe 190RBS motorhome. According to the complaint, MVP RV, Inc. and Ford Motor Company were the manufacturers of the Tahoe, and Bank of America was the lender that financed the Tahoe’s purchase.
The lawsuit goes on to allege that soon after purchasing the Tahoe Mr. & Mrs. Villa discovered that it suffers from a mechanical defect that causes the battery to die whenever it sits for more than 10 days, rendering the Tahoe immobile. The complaint further alleges that Mr. & Mrs. Villa took the Tahoe in for repair of this defect four times during the next year, but that RV Solution’s and Ford’s repair facilities were unable to diagnose and fix the problem.
Based on these allegations, the Villas’ complaint alleges two causes of action under California’s lemon law statute. The first, for breach of express warranty, names MVP RV, Inc. and Ford as the Tahoe’s warrantors, and alleges that they had an obligation to offer the Villas a lemon law buyback because they were unable to repair the Tahoe’s defect within a reasonable number of attempts.
The complaint’s second cause of action is against RV Solution and Bank of America for breach of the implied warranty of merchantability. Specifically, it alleges (in part) that the Tahoe’s defect is a breach of the implied warranty of merchantability because it is not fit for the ordinary purposes for which motorhomes are typically used. The complaint goes on to allege that Bank of America, as the assignee of the Tahoe’s purchase contract, is liable for all claims and defenses that the Villas can assert against RV Solutions. Accordingly, Band of America is also a defendant to the complaint’s second cause of action.