Amy N. Nguyen v. Volkswagen Group of America, Inc.

I. Background

On or about December 27, 2019, Plaintiff leased a 2019 Audi E-Tron (the “Vehicle”), which is manufactured and distributed by defendant Volkswagen Group of America, Inc. (“Defendant”). Complaint (“Compl.”) ¶ 4 [Dkt. No. 1-1]. Plaintiff alleges the lease was accompanied by Defendant’s express and implied warranties. Id. ¶¶ 8, 9. She also alleges that within the first eighteen months of the Vehicle’s delivery, it was out of service for more than thirty days for repair of defects and warranty nonconformities and that Defendant has been unable to conform the Vehicle to the applicable warranties. Id. ¶¶ 10, 12, 13.

As a result, Plaintiff submitted a claim through the Better Business Bureau Auto Line program. On March 11, 2023, an arbitrator through the program issued a decision finding that the Vehicle is a lemon and ordering Defendant to repurchase it within thirty days. Id. ¶¶ 19, 21; Declaration of Maria Sanjur-Van Brande ¶ 3, Ex. 2 [Dkt. No. 14-1]. Plaintiff accepted the decision. Compl. ¶ 23. In accordance with the decision, Defendant reimbursed Plaintiff an amount of $37,962.00, taking into account her down payment, first payment, additional payments,…