Vasken Darian v. Volkswagen Group of America, Inc. and Rusnak/Pasadena Audi

warranty indicated that the car might have a defect does not constitute disclosure or preclude justifiable reliance on the alleged omission. Plaintiffs allege that Ford was aware that the car actually had a defective engine at the time of sale. The warranty did not disclose this fact and had Plaintiffs "known that the Subject Vehicle was equipped with a defective engine, Plaintiffs would not have purchased the Subject Vehicle equipped with the 6.7L engine." [Compl. P. 66.] Thus, Plaintiffs sufficiently plead the alleged omission and their reliance.

Plaintiffs also adequately plead that Ford owed them a duty to disclose the purported engine defect. They allege that on or about August 21, 2019, they entered into a "warranty contract" with Ford regarding their car. [Compl. P. 7.] Such a contractual relationship may support a duty to disclose on behalf of Ford. (Rattagan, supra, 17 Cal.5th at pp. 40-41.)

Plaintiffs further allege that Ford had exclusive knowledge of the defect through "non-public, internal data" including: "pre-releasing testing data; early consumer complaints about the Engine Defect to Defendant FORD's dealers who are FORD's agents for vehicle repairs; dealership repair orders; testing conducted in response to those complaints; and other internal sources of information possessed exclusively by Defendant FORD and its agents." [Compl. P. 57.] Plaintiffs have thus alleged the requisite preexisting relationship and duty to disclose.

Ford's demurrer is therefore overruled. Ford to answer the operative complaint within 10 days. Ford to give notice.

617 Date: 8-25-26 Case #: 25STCV33863 Trial Date: None Set DEMURRER MOVING PARTY: Defendants, Volkswagen Group of America, Inc. and Rusnak/Pasadena Audi RESPONDING PARTY: Unopposed/Plaintiff, Vasken Darian RELIEF REQUESTED Demurrer to Third, Fifth, and Sixth Causes of Action in Complaint

SUMMARY OF ACTION This is a lemon law action. Plaintiff Vasken Darian sued Defendant Volkswagen Group of America, Inc. alleging Volkswagen failed to promptly replace his 2023 Audi Q5 or make restitution after it was unable to conform the car to its express warranty after a reasonable number of repair attempts. Plaintiff also alleges Volkswagen fraudulently induced the sale of the car by concealing the existence of a transmission defect. Plaintiff additionally brings a negligent repair claim against Defendant Rusnak/Pasadena Audi.

RULING: Off Calendar. Defendants demur to the third, fifth, and sixth causes of action in Plaintiff's complaint for violation of Civil Code section 1793.2, subd. (a)(3), negligent repair, and fraudulent inducement. On August 12, 2026, Plaintiff filed a First Amended Complaint. The demurrer is therefore moot and taken off calendar. (JKC3H8 v. Colton (2013) 221 Cal.App.4th 468, 477.) Defendants to give notice. | Home -->)" -->