Preview
QUILL & ARROW, LLP
1
Kevin Y. Jacobson, Esq. (SBN 320532)
2 kjacobson@quillarrowlaw.com
Kim Anglin, Esq. (SBN 218749) ELECTRONICALLY
3 kanglin@quillarrowlaw.com FILED
e-service@quillarrowlaw.com Superior Court of California,
4 10900 Wilshire Boulevard, Suite 300
County of San Francisco
Los Angeles, CA, 90024 01/27/2023
5 Clerk of the Court
Telephone: (310) 933-4271 BY: JEFFREY FLORES
6 Facsimile: (310) 889-0645 Deputy Clerk
7
Attorneys for Plaintiff,
8 KAITLIN KELLY DUNN
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN FRANCISCO
12
13 KAITLIN KELLY DUNN, an individual, Case No.: CGC-23-604304
Unlimited Jurisdiction
14 Plaintiff, COMPLAINT
15
vs. 1. VIOLATION OF SONG-BEVERLY
16 ACT - BREACH OF EXPRESS
GENERAL MOTORS LLC, a Delaware WARRANTY
17 Limited Liability Company, and DOES 1 2. VIOLATION OF SONG-BEVERLY
through 10, inclusive, ACT - BREACH OF IMPLIED
18 WARRANTY
19 3. VIOLATION OF THE SONG-
Defendants. BEVERLY ACT SECTION 1793.2
20
21
22
23
24
25
26
27
28
COMPLAINT
1 Plaintiff, KAITLIN KELLY DUNN, an individual (“Plaintiff”), alleges as follows against
2 Defendant, GENERAL MOTORS LLC, a Delaware Limited Liability Company (“GENERAL
3 MOTORS LLC”), and DOES 1 through 10 inclusive, on information and belief, formed after a
4 reasonable inquiry under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff, KAITLIN KELLY DUNN, hereby demands trial by jury in this action.
7 GENERAL ALLEGATIONS
8 2. Plaintiff, KAITLIN KELLY DUNN, is an individual residing in the City of
9 Martinez, State of California.
10 3. Defendant, GENERAL MOTORS LLC, is and was a Delaware Limited Liability
11 Company operating and doing business in the State of California.
12 4. These causes of causes of action arise out of warranty and repair obligations of
13 GENERAL MOTORS LLC in connection with a vehicle Plaintiff purchased and for which
14 GENERAL MOTORS LLC issued a written warranty. The warranty was not issued by the selling
15 dealership.
16 5. Plaintiff does not know the true names and capacities, whether corporate,
17 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10,
18 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant
19 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and
20 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend
21 this Complaint to set forth the true names and capacities of the fictitiously named Defendant,
22 together with appropriate charging allegations, when ascertained.
23 6. All acts of corporate employees as alleged were authorized or ratified by an officer,
24 director, or managing agent of the corporate employer.
25 7. Each Defendant, whether actually or fictitiously named herein, was the principal,
26 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal
27 or within the course and scope of such employment or agency, took some part in the acts and
28 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief
-2-
COMPLAINT
1 prayed for herein.
2 8. On January 15, 2022, Plaintiff purchased a 2020 Chevrolet Malibu, having VIN No.:
3 1G1ZC5ST8LF078068 ("the Subject Vehicle”). These causes of action arise out of warranty and
4 repair obligations of GENERAL MOTORS LLC in connection with a vehicle that Plaintiff
5 purchased and for which GENERAL MOTORS LLC issued a written warranty. The warranty was
6 not issued by the selling dealership.
7 9. GENERAL MOTORS LLC warranted the Subject Vehicle and agreed to preserve
8 or maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was
9 a failure in such utility or performance. In connection with the purchase, Plaintiff received various
10 warranties, inter alia, a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000
11 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as
12 various emissions warranties that exceed the time and mileage limitations of the bumper to bumper
13 and powertrain warranties.
14 10. The Subject Vehicle was delivered to Plaintiff with serious defects and
15 nonconformities to warranty and developed other serious defects and nonconformities to warranty
16 including, but not limited to, electrical and engine system defects.
17 11. Plaintiff hereby revokes acceptance of the sales contract.
18 12. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
19 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
20 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
21 13. Plaintiff is a “buyer” of consumer goods under the Act.
22 14. Defendant, GENERAL MOTORS LLC, is a "manufacturer" and/or “distributor"
23 under the Act.
24 15. Plaintiff hereby demands trial by jury in this action.
25 FIRST CAUSE OF ACTION
26 Violation of the Song-Beverly Act – Breach of Express Warranty
27 16. Plaintiff incorporates herein by reference each and every allegation contained in the
28 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
-3-
COMPLAINT
1 17. The Subject Vehicle was sold to Plaintiff with express warranties that the Subject
2 Vehicle would be free from defects in materials, nonconformity, or workmanship during the
3 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant
4 GENERAL MOTORS LLC would repair the defects.
5 18. The Subject Vehicle was delivered to Plaintiff with serious defects and
6 nonconformities to warranty and developed other serious defects and nonconformities to warranty
7 including, but not limited to, electrical and engine system defects.
8 19. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
9 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
10 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
11 20. Plaintiff is the “buyer” of consumer goods under the Act.
12 21. Defendant, GENERAL MOTORS LLC, is a "manufacturer" and/or “distributor"
13 under the Act.
14 22. The foregoing defects and nonconformities to warranty manifested themselves in
15 the Subject Vehicle within the applicable express warranty period. The nonconformities
16 substantially impair the use, value, and/or safety of the vehicle.
17 23. Plaintiff delivered the vehicle to an authorized GENERAL MOTORS LLC repair
18 facility for repair of the nonconformities.
19 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express
20 warranty after a reasonable number of repair attempts.
21 25. Notwithstanding Plaintiff’s entitlement, Defendant GENERAL MOTORS LLC has
22 failed to either promptly replace the new motor vehicle or to promptly make restitution in
23 accordance with the Song-Beverly Act.
24 26. By failure of Defendant to remedy the defects as alleged above or to issue a refund
25 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
26 27. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
27 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
28 nonconformities.
-4-
COMPLAINT
1 28. Plaintiff is entitled to all incidental, consequential, and general damages resulting
2 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
3 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
4 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably
5 incurred in connection with the commencement and prosecution of this action.
6 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in
7 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
8 for GENERAL MOTORS LLC’s willful failure to comply with its responsibilities under the Act.
9 SECOND CAUSE OF ACTION
10 Violation of the Song-Beverly Act – Breach of Implied Warranty
11 31. Plaintiff incorporates herein by reference each and every allegation contained in the
12 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
13 32. GENERAL MOTORS LLC and its authorized dealership at which Plaintiff
14 purchased the subject vehicle had reason to know the purpose of the Subject Vehicle at the time of
15 sale of the subject vehicle. The Subject Vehicle was accompanied by implied warranties provided
16 for under the law.
17 33. Among other warranties, the Subject Vehicle was accompanied by an implied
18 warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792.
19 34. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability
20 means and includes that the Vehicle will comply with each of the following requirements: (1) The
21 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is
22 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately
23 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of
24 fact made on the container or label.
25 35. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
26 used because it was equipped with one or more defective vehicle systems/components.
27 36. The Subject Vehicle did not measure up to the promises or facts stated on the
28 container or label because it was equipped with one or more defective vehicle systems/components.
-5-
COMPLAINT
1 37. The Subject Vehicle was not of the same quality as those generally accepted in the
2 trade because it was sold with one or more defective vehicle systems/components which manifested
3 as electrical and engine system defects.
4 38. Upon information and belief, the defective vehicle systems and components were
5 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
6 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
7 applicable laws.
8 39. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
9 Code, section 1794, et seq.
10 40. Plaintiff hereby revokes acceptance of the Subject Vehicle.
11 41. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
12 1794, et seq.
13 42. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
14 et seq. and Commercial Code, section 2711.
15 43. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
16 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
17 THIRD CAUSE OF ACTION
18 Violation of the Song-Beverly Act Section 1793.2(b)
19 44. Plaintiff incorporates herein by reference each and every allegation contained in the
20 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
21 45. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
22 consumer goods in California, for which it has made an express warranty, shall maintain service
23 and repair facilities or designate and authorize independent service and repair facilities to carry out
24 the terms of those warranties.
25 46. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
26 goods are necessary because they do not conform with the applicable express warranties, service
27 and repair shall be commenced within a reasonable time by the manufacturer or its representative.
28 47. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
-6-
COMPLAINT
1 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
2 time.
3 48. The sale of the Subject Vehicle was accompanied by express warranties, including
4 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective
5 parts, including the electrical system.
6 49. Plaintiff delivered the subject vehicle to GENERAL MOTORS LLC’s authorized
7 service representatives on multiple occasions. The subject vehicle was delivered for repairs of
8 defects, which amount to nonconformities to the express warranties that accompanied the sale of
9 the subject vehicle.
10 50. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
11 within 30-days and/or commence repairs within a reasonable time, and GENERAL MOTORS LLC
12 has failed to tender the subject vehicle back to Plaintiff in conformance with its warranties within
13 the timeframes set forth in Civil Code section 1793.2(b).
14 51. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
15 Code, section 1794, et seq.
16 52. Plaintiff hereby revokes acceptance of the subject vehicle.
17 53. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
18 1794, et seq.
19 54. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
20 et seq. and Commercial Code, section 2711.
21 55. Plaintiff is entitled to recover any “cover” damages under Commercial Code
22 sections 2711, 2712, and Civil Code, section 1794, et seq.
23 56. Plaintiff is entitled to recover all incidental and consequential damages pursuant to
24 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
25 57. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
26 times the amount of actual damages in that GENERAL MOTORS LLC has willfully failed to
27 comply with its responsibilities under the Act.
28
-7-
COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
3 1. For general, special, and actual damages according to proof at trial;
4 2. For rescission of the purchase contract and restitution of all monies expended;
5 3. For diminution in value;
6 4. For incidental and consequential damages according to proof at trial;
7 5. For civil penalty in the amount of two times Plaintiff’s actual damages;
8 6. For prejudgment interest at the legal rate;
9 7. For reasonable attorney’s fees and costs of suit; and
10 For such other and further relief as the Court deems just and proper under the circumstances.
11
Dated: January 27, 2023
12 QUILL & ARROW, LLP
13
14 ________________________
Kevin Y. Jacobson, Esq.
15 Kim Anglin, Esq.
Attorneys for Plaintiff,
16 KAITLIN KELLY DUNN
17 Plaintiff, KAITLIN KELLY DUNN, hereby demands trial by jury in this action.
18
19
20
21
22
23
24
25
26
27
28
-8-
COMPLAINT
Preview
QUILL & ARROW, LLP 1 Kevin Y. Jacobson, Esq. (SBN 320532) 2 kjacobson@quillarrowlaw.com Kim Anglin, Esq. (SBN 218749) ELECTRONICALLY 3 kanglin@quillarrowlaw.com FILED e-service@quillarrowlaw.com Superior Court of California, 4 10900 Wilshire Boulevard, Suite 300 County of San Francisco Los Angeles, CA, 90024 01/27/2023 5 Clerk of the Court Telephone: (310) 933-4271 BY: JEFFREY FLORES 6 Facsimile: (310) 889-0645 Deputy Clerk 7 Attorneys for Plaintiff, 8 KAITLIN KELLY DUNN 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN FRANCISCO 12 13 KAITLIN KELLY DUNN, an individual, Case No.: CGC-23-604304 Unlimited Jurisdiction 14 Plaintiff, COMPLAINT 15 vs. 1. VIOLATION OF SONG-BEVERLY 16 ACT - BREACH OF EXPRESS GENERAL MOTORS LLC, a Delaware WARRANTY 17 Limited Liability Company, and DOES 1 2. VIOLATION OF SONG-BEVERLY through 10, inclusive, ACT - BREACH OF IMPLIED 18 WARRANTY 19 3. VIOLATION OF THE SONG- Defendants. BEVERLY ACT SECTION 1793.2 20 21 22 23 24 25 26 27 28 COMPLAINT 1 Plaintiff, KAITLIN KELLY DUNN, an individual (“Plaintiff”), alleges as follows against 2 Defendant, GENERAL MOTORS LLC, a Delaware Limited Liability Company (“GENERAL 3 MOTORS LLC”), and DOES 1 through 10 inclusive, on information and belief, formed after a 4 reasonable inquiry under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff, KAITLIN KELLY DUNN, hereby demands trial by jury in this action. 7 GENERAL ALLEGATIONS 8 2. Plaintiff, KAITLIN KELLY DUNN, is an individual residing in the City of 9 Martinez, State of California. 10 3. Defendant, GENERAL MOTORS LLC, is and was a Delaware Limited Liability 11 Company operating and doing business in the State of California. 12 4. These causes of causes of action arise out of warranty and repair obligations of 13 GENERAL MOTORS LLC in connection with a vehicle Plaintiff purchased and for which 14 GENERAL MOTORS LLC issued a written warranty. The warranty was not issued by the selling 15 dealership. 16 5. Plaintiff does not know the true names and capacities, whether corporate, 17 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10, 18 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant 19 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and 20 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend 21 this Complaint to set forth the true names and capacities of the fictitiously named Defendant, 22 together with appropriate charging allegations, when ascertained. 23 6. All acts of corporate employees as alleged were authorized or ratified by an officer, 24 director, or managing agent of the corporate employer. 25 7. Each Defendant, whether actually or fictitiously named herein, was the principal, 26 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal 27 or within the course and scope of such employment or agency, took some part in the acts and 28 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief -2- COMPLAINT 1 prayed for herein. 2 8. On January 15, 2022, Plaintiff purchased a 2020 Chevrolet Malibu, having VIN No.: 3 1G1ZC5ST8LF078068 ("the Subject Vehicle”). These causes of action arise out of warranty and 4 repair obligations of GENERAL MOTORS LLC in connection with a vehicle that Plaintiff 5 purchased and for which GENERAL MOTORS LLC issued a written warranty. The warranty was 6 not issued by the selling dealership. 7 9. GENERAL MOTORS LLC warranted the Subject Vehicle and agreed to preserve 8 or maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was 9 a failure in such utility or performance. In connection with the purchase, Plaintiff received various 10 warranties, inter alia, a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 11 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as 12 various emissions warranties that exceed the time and mileage limitations of the bumper to bumper 13 and powertrain warranties. 14 10. The Subject Vehicle was delivered to Plaintiff with serious defects and 15 nonconformities to warranty and developed other serious defects and nonconformities to warranty 16 including, but not limited to, electrical and engine system defects. 17 11. Plaintiff hereby revokes acceptance of the sales contract. 18 12. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil 19 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for 20 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes. 21 13. Plaintiff is a “buyer” of consumer goods under the Act. 22 14. Defendant, GENERAL MOTORS LLC, is a "manufacturer" and/or “distributor" 23 under the Act. 24 15. Plaintiff hereby demands trial by jury in this action. 25 FIRST CAUSE OF ACTION 26 Violation of the Song-Beverly Act – Breach of Express Warranty 27 16. Plaintiff incorporates herein by reference each and every allegation contained in the 28 preceding and succeeding paragraphs as though herein fully restated and re-alleged. -3- COMPLAINT 1 17. The Subject Vehicle was sold to Plaintiff with express warranties that the Subject 2 Vehicle would be free from defects in materials, nonconformity, or workmanship during the 3 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant 4 GENERAL MOTORS LLC would repair the defects. 5 18. The Subject Vehicle was delivered to Plaintiff with serious defects and 6 nonconformities to warranty and developed other serious defects and nonconformities to warranty 7 including, but not limited to, electrical and engine system defects. 8 19. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil 9 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or 10 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes. 11 20. Plaintiff is the “buyer” of consumer goods under the Act. 12 21. Defendant, GENERAL MOTORS LLC, is a "manufacturer" and/or “distributor" 13 under the Act. 14 22. The foregoing defects and nonconformities to warranty manifested themselves in 15 the Subject Vehicle within the applicable express warranty period. The nonconformities 16 substantially impair the use, value, and/or safety of the vehicle. 17 23. Plaintiff delivered the vehicle to an authorized GENERAL MOTORS LLC repair 18 facility for repair of the nonconformities. 19 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express 20 warranty after a reasonable number of repair attempts. 21 25. Notwithstanding Plaintiff’s entitlement, Defendant GENERAL MOTORS LLC has 22 failed to either promptly replace the new motor vehicle or to promptly make restitution in 23 accordance with the Song-Beverly Act. 24 26. By failure of Defendant to remedy the defects as alleged above or to issue a refund 25 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act. 26 27. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle 27 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the 28 nonconformities. -4- COMPLAINT 1 28. Plaintiff is entitled to all incidental, consequential, and general damages resulting 2 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. 3 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a 4 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably 5 incurred in connection with the commencement and prosecution of this action. 6 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in 7 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages 8 for GENERAL MOTORS LLC’s willful failure to comply with its responsibilities under the Act. 9 SECOND CAUSE OF ACTION 10 Violation of the Song-Beverly Act – Breach of Implied Warranty 11 31. Plaintiff incorporates herein by reference each and every allegation contained in the 12 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 13 32. GENERAL MOTORS LLC and its authorized dealership at which Plaintiff 14 purchased the subject vehicle had reason to know the purpose of the Subject Vehicle at the time of 15 sale of the subject vehicle. The Subject Vehicle was accompanied by implied warranties provided 16 for under the law. 17 33. Among other warranties, the Subject Vehicle was accompanied by an implied 18 warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792. 19 34. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability 20 means and includes that the Vehicle will comply with each of the following requirements: (1) The 21 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is 22 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately 23 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of 24 fact made on the container or label. 25 35. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 26 used because it was equipped with one or more defective vehicle systems/components. 27 36. The Subject Vehicle did not measure up to the promises or facts stated on the 28 container or label because it was equipped with one or more defective vehicle systems/components. -5- COMPLAINT 1 37. The Subject Vehicle was not of the same quality as those generally accepted in the 2 trade because it was sold with one or more defective vehicle systems/components which manifested 3 as electrical and engine system defects. 4 38. Upon information and belief, the defective vehicle systems and components were 5 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied 6 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 7 applicable laws. 8 39. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 9 Code, section 1794, et seq. 10 40. Plaintiff hereby revokes acceptance of the Subject Vehicle. 11 41. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 12 1794, et seq. 13 42. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794, 14 et seq. and Commercial Code, section 2711. 15 43. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages 16 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 17 THIRD CAUSE OF ACTION 18 Violation of the Song-Beverly Act Section 1793.2(b) 19 44. Plaintiff incorporates herein by reference each and every allegation contained in the 20 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 21 45. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 22 consumer goods in California, for which it has made an express warranty, shall maintain service 23 and repair facilities or designate and authorize independent service and repair facilities to carry out 24 the terms of those warranties. 25 46. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 26 goods are necessary because they do not conform with the applicable express warranties, service 27 and repair shall be commenced within a reasonable time by the manufacturer or its representative. 28 47. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced -6- COMPLAINT 1 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 2 time. 3 48. The sale of the Subject Vehicle was accompanied by express warranties, including 4 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective 5 parts, including the electrical system. 6 49. Plaintiff delivered the subject vehicle to GENERAL MOTORS LLC’s authorized 7 service representatives on multiple occasions. The subject vehicle was delivered for repairs of 8 defects, which amount to nonconformities to the express warranties that accompanied the sale of 9 the subject vehicle. 10 50. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 11 within 30-days and/or commence repairs within a reasonable time, and GENERAL MOTORS LLC 12 has failed to tender the subject vehicle back to Plaintiff in conformance with its warranties within 13 the timeframes set forth in Civil Code section 1793.2(b). 14 51. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 15 Code, section 1794, et seq. 16 52. Plaintiff hereby revokes acceptance of the subject vehicle. 17 53. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 18 1794, et seq. 19 54. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794, 20 et seq. and Commercial Code, section 2711. 21 55. Plaintiff is entitled to recover any “cover” damages under Commercial Code 22 sections 2711, 2712, and Civil Code, section 1794, et seq. 23 56. Plaintiff is entitled to recover all incidental and consequential damages pursuant to 24 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 25 57. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two 26 times the amount of actual damages in that GENERAL MOTORS LLC has willfully failed to 27 comply with its responsibilities under the Act. 28 -7- COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff prays for judgment against Defendant, as follows: 3 1. For general, special, and actual damages according to proof at trial; 4 2. For rescission of the purchase contract and restitution of all monies expended; 5 3. For diminution in value; 6 4. For incidental and consequential damages according to proof at trial; 7 5. For civil penalty in the amount of two times Plaintiff’s actual damages; 8 6. For prejudgment interest at the legal rate; 9 7. For reasonable attorney’s fees and costs of suit; and 10 For such other and further relief as the Court deems just and proper under the circumstances. 11 Dated: January 27, 2023 12 QUILL & ARROW, LLP 13 14 ________________________ Kevin Y. Jacobson, Esq. 15 Kim Anglin, Esq. Attorneys for Plaintiff, 16 KAITLIN KELLY DUNN 17 Plaintiff, KAITLIN KELLY DUNN, hereby demands trial by jury in this action. 18 19 20 21 22 23 24 25 26 27 28 -8- COMPLAINT