Preview
CALIFORNIA CONSUMER ATTORNEYS, P.C.
1
Michael H. Rosenstein (SBN 169091)
2 mhr@calattorneys.com
Sepehr Daghighian (SBN 239349)
3 sd@calattorneys.com
Michael William Oppenheim (SBN 331956)
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mwo@calattorneys.com
5 10866 Wilshire Blvd, Suite 1200
Los Angeles, CA 90024
6 Telephone: (310) 872-2600
7 Facsimile: (310) 730-7377
8 Attorneys for Plaintiffs,
MICHELLE ANNE ALVAREZ AND EDDIE ORTIZ
9
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF RIVERSIDE
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12 MICHELLE ANNE ALVAREZ, an individual Case No.: ____________________
and EDDIE ORTIZ, an individual, Unlimited Jurisdiction
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14 Plaintiffs, COMPLAINT
15 vs. 1. VIOLATION OF SONG-BEVERLY
16 ACT - BREACH OF EXPRESS
HYUNDAI MOTOR AMERICA, a California WARRANTY
17 Corporation, and DOES 1 through 10, inclusive, 2. VIOLATION OF SONG-BEVERLY
ACT - BREACH OF IMPLIED
18 WARRANTY
19 Defendants. 3. VIOLATION OF THE SONG-
BEVERLY ACT SECTION 1793.2(b)
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COMPLAINT
1 Plaintiffs, MICHELLE ANNE ALVAREZ, an individual and EDDIE ORTIZ, an individual,
2 allege as follows against Defendants HYUNDAI MOTOR AMERICA, a California Corporation
3 (“Hyundai Motor America”), and DOES 1 through 10 inclusive, on information and belief, formed
4 after a reasonable inquiry under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiffs, Michelle Anne Alvarez and Eddie Ortiz, hereby demand trial by jury in
7 this action.
8 GENERAL ALLEGATIONS
9 2. Plaintiffs, Michelle Anne Alvarez and Eddie Ortiz, are individuals residing in the
10 City of Thermal, State of California.
11 3. Defendant Hyundai Motor America is and was a California Corporation operating
12 and doing business in the State of California.
13 4. These causes of action arise out of the warranty obligations of Hyundai Motor
14 America in connection with a vehicle purchased by Plaintiffs and for which Hyundai Motor America
15 issued a written warranty.
16 5. Plaintiffs do not know the true names and capacities, whether corporate, partnership,
17 associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under
18 the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through
19 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth
20 herein, and are legally liable to Plaintiffs. Plaintiffs will seek leave to amend this Complaint to set
21 forth the true names and capacities of the fictitiously named Defendant, together with appropriate
22 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 or
27 within the course and scope of such employment or agency, took some part in the acts and omissions
28 hereinafter set forth by reason of which each Defendant is liable to Plaintiffs for the relief prayed for
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COMPLAINT
1 herein.
2 8. On January 5, 2021, Plaintiffs purchased a New 2021 Hyundai Tucson, having VIN
3 No. KM8J33AL4MU294387 (“the Subject Vehicle”). Express warranties accompanied the sale of
4 the Subject Vehicle to Plaintiffs by which Hyundai Motor America undertook to preserve or
5 maintain the utility or performance of Plaintiffs’ vehicle or to provide compensation if there was a
6 failure in such utility or performance.
7 9. The Subject Vehicle was delivered to Plaintiffs with serious defects and
8 nonconformities to warranty and developed other serious defects and nonconformities to warranty
9 including, but not limited to, the interior component defects, HVAC system defects, and other
10 serious nonconformities to warranty.
11 10. Plaintiffs hereby revoke acceptance of the sales contract.
12 11. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
13 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
14 family or household purposes, and Plaintiffs have used the vehicle primarily for those purposes.
15 12. Plaintiffs are a “buyer” of consumer goods under the Act.
16 13. Defendant Hyundai Motor America is a “manufacturer” and/or “distributor” under
17 the Act.
18 14. To the extent that one or more class action lawsuits have been filed or are filed with
19 respect to the nonconformities affecting Plaintiffs’ vehicle, without conceding the necessity of
20 supplying such notice, Plaintiffs hereby provides notice to Defendant and/or Defendant’s agents of
21 Plaintiffs’ intent to opt-out and be excluded from the settlement class of said class action lawsuit(s).
22 15. Plaintiffs hereby demand trial by jury in this action.
23 FIRST CAUSE OF ACTION
24 Violation of the Song-Beverly Act – Breach of Express Warranty
25 16. Plaintiff incorporates herein by reference, each and every allegation contained in the
26 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
27 17. Express warranties accompanied the sale of the vehicle to Plaintiffs by which
28 Hyundai Motor America undertook to preserve or maintain the utility or performance of Plaintiffs’
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COMPLAINT
1 vehicle or to provide compensation if there was a failure in such utility or performance.
2 18. The Subject Vehicle was delivered to Plaintiffs with serious defects and
3 nonconformities to warranty and developed other serious defects and nonconformities to warranty
4 including, but not limited to, interior component defects, HVAC system defects, and other serious
5 nonconformities to warranty.
6 19. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
7 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
8 household purposes, and Plaintiffs have used the Subject Vehicle primarily for those purposes.
9 20. Plaintiffs are the “buyer” of consumer goods under the Act.
10 21. Defendant Hyundai Motor America is a “manufacturer” and/or “distributor” under
11 the Act.
12 22. The foregoing defects and nonconformities to warranty manifested themselves in the
13 Subject Vehicle within the applicable express warranty period. The nonconformities substantially
14 impair the use, value and/or safety of the vehicle.
15 23. Plaintiffs delivered the vehicle to an authorized Hyundai Motor America repair
16 facility for repair of the nonconformities.
17 24. Defendant was unable to conform Plaintiffs’ vehicle to the applicable express after a
18 reasonable number of repair attempts.
19 25. Notwithstanding Plaintiffs’ entitlement, Defendant Hyundai Motor America has
20 failed to either promptly replace the new motor vehicle or to promptly make restitution in accordance
21 with the Song-Beverly Act.
22 26. By failure of Defendant to remedy the defects as alleged above, or to issue a refund
23 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
24 27. Under the Act, Plaintiffs are entitled to reimbursement of the price paid for the
25 vehicle less that amount directly attributable to use by the Plaintiffs prior to the first presentation of
26 the nonconformities.
27 28. Plaintiffs are entitled to all incidental, consequential, and general damages resulting
28 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
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COMPLAINT
1 29. Plaintiffs are entitled under the Song-Beverly Act to recover as part of the judgment
2 a sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably
3 incurred in connection with the commencement and prosecution of this action.
4 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiffs are entitled in
5 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
6 for Hyundai Motor America’s willful failure to comply with its responsibilities under the Act.
7 SECOND CAUSE OF ACTION
8 Violation of the Song-Beverly Act – Breach of Implied Warranty
9 31. Plaintiffs incorporate herein by reference each and every allegation contained in the
10 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
11 32. Hyundai Motor America and its authorized dealership at which Plaintiffs purchased
12 the Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the
13 Subject Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties provided
14 for under the law.
15 33. Among other warranties, the sale of the Subject Vehicle was accompanied by an
16 implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792.
17 34. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
18 used because it was equipped with one or more defective vehicle systems/components.
19 35. The Subject Vehicle did not measure up to the promises or facts stated on the
20 container or label because it was equipped with one or more defective vehicle systems/components.
21 36. The Subject Vehicle was not of the same quality as those generally acceptable in the
22 trade because it was sold with one or more defective vehicle systems/components which manifest as
23 interior component defects, HVAC system defects, and other serious nonconformities to warranty.
24 37. Upon information and belief, the defective vehicle systems and components were
25 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
26 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
27 applicable laws.
28 38. Plaintiffs are entitled to justifiably revoke acceptance of the Subject Vehicle under
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COMPLAINT
1 Civil Code, section 1794, et seq;
2 39. Plaintiffs hereby revoke acceptance of the Subject Vehicle.
3 40. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code,
4 section 1794, et seq.
5 41. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code, section
6 1794, et seq. and Commercial Code, section 2711.
7 42. Plaintiffs are entitled to recover any incidental, consequential, and/or “cover”
8 damages under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
9 THIRD CAUSE OF ACTION
10 Violation of the Song-Beverly Act Section 1793.2(b)
11 43. Plaintiffs incorporate herein by reference each and every allegation contained in the
12 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
13 44. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
14 consumer goods in California, for which it has made an express warranty, shall maintain service and
15 repair facilities or designate and authorize independent service and repair facilities to carry out the
16 terms of those warranties.
17 45. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
18 goods is necessary because they do not conform with the applicable express warranties, service and
19 repair shall be commenced within a reasonable time by the manufacturer or its representative.
20 46. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
21 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
22 time.
23 47. The sale of the Subject Vehicle was accompanied by express warranties, including a
24 warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective
25 parts, including the electrical system.
26 48. Plaintiffs delivered the Subject Vehicle to Hyundai Motor America’s authorized
27 service representatives on multiple occasions. The Subject Vehicle was delivered for repairs of
28 defects, which amount to a nonconformities to the express warranties that accompanied the sale of
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COMPLAINT
1 the Subject Vehicle.
2 49. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
3 within 30-days and/or commence repairs within a reasonable time and Hyundai Motor America has
4 failed to tender the Subject Vehicle back to Plaintiffs in conformance with its warranties within the
5 timeframes set forth in Civil Code section 1793.2(b).
6 50. Plaintiffs are entitled to justifiably revoke acceptance of the Subject Vehicle under
7 Civil Code, section 1794, et seq;
8 51. Plaintiffs hereby revoke acceptance of the Subject Vehicle.
9 52. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code,
10 section 1794, et seq.
11 53. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code section 1794,
12 et seq. and Commercial Code, section 2711.
13 54. Plaintiffs are entitled to recover any “cover” damages under Commercial Code
14 sections 2711, 2712, and Civil Code, section 1794, et seq.
15 55. Plaintiffs are entitled to recover all incidental and consequential damages pursuant to
16 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
17 56. Plaintiffs are entitled in addition to the amounts recovered, a civil penalty of up to
18 two times the amount of actual damages in that Hyundai Motor America has willfully failed to
19 comply with its responsibilities under the Act.
20 PRAYER FOR RELIEF
21 WHEREFORE, Plaintiffs prays for judgment against Defendants, as follows:
22 1. For general, special and actual damages according to proof at trial;
23 2. For rescission of the purchase contract and restitution of all monies expended;
24 3. For diminution in value;
25 4. For incidental and consequential damages according to proof at trial;
26 5. For civil penalty in the amount of two times Plaintiffs’ actual damages;
27 6. For prejudgment interest at the legal rate;
28 7. For reasonable attorney’s fees and costs and expenses of suit; and
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COMPLAINT
1 8. For such other and further relief as the Court deems just and proper under the
2 circumstances.
3
Dated: February 1, 2023 CALIFORNIA CONSUMER ATTORNEYS, P.C.
4
5 ___________________________
Michael H. Rosenstein, Esq.
6 Sepehr Daghighian, Esq.
7 Michael William Oppenheim, Esq.
Attorneys for Plaintiffs,
8 MICHELLE ANNE ALVAREZ AND EDDIE
ORTIZ
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10 Plaintiffs, MICHELLE ANNE ALVAREZ AND EDDIE ORTIZ, hereby demand trial by
11 jury in this action.
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COMPLAINT
Preview
CALIFORNIA CONSUMER ATTORNEYS, P.C. 1 Michael H. Rosenstein (SBN 169091) 2 mhr@calattorneys.com Sepehr Daghighian (SBN 239349) 3 sd@calattorneys.com Michael William Oppenheim (SBN 331956) 4 mwo@calattorneys.com 5 10866 Wilshire Blvd, Suite 1200 Los Angeles, CA 90024 6 Telephone: (310) 872-2600 7 Facsimile: (310) 730-7377 8 Attorneys for Plaintiffs, MICHELLE ANNE ALVAREZ AND EDDIE ORTIZ 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF RIVERSIDE 11 12 MICHELLE ANNE ALVAREZ, an individual Case No.: ____________________ and EDDIE ORTIZ, an individual, Unlimited Jurisdiction 13 14 Plaintiffs, COMPLAINT 15 vs. 1. VIOLATION OF SONG-BEVERLY 16 ACT - BREACH OF EXPRESS HYUNDAI MOTOR AMERICA, a California WARRANTY 17 Corporation, and DOES 1 through 10, inclusive, 2. VIOLATION OF SONG-BEVERLY ACT - BREACH OF IMPLIED 18 WARRANTY 19 Defendants. 3. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.2(b) 20 21 22 23 24 25 26 27 28 -1- COMPLAINT 1 Plaintiffs, MICHELLE ANNE ALVAREZ, an individual and EDDIE ORTIZ, an individual, 2 allege as follows against Defendants HYUNDAI MOTOR AMERICA, a California Corporation 3 (“Hyundai Motor America”), and DOES 1 through 10 inclusive, on information and belief, formed 4 after a reasonable inquiry under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiffs, Michelle Anne Alvarez and Eddie Ortiz, hereby demand trial by jury in 7 this action. 8 GENERAL ALLEGATIONS 9 2. Plaintiffs, Michelle Anne Alvarez and Eddie Ortiz, are individuals residing in the 10 City of Thermal, State of California. 11 3. Defendant Hyundai Motor America is and was a California Corporation operating 12 and doing business in the State of California. 13 4. These causes of action arise out of the warranty obligations of Hyundai Motor 14 America in connection with a vehicle purchased by Plaintiffs and for which Hyundai Motor America 15 issued a written warranty. 16 5. Plaintiffs do not know the true names and capacities, whether corporate, partnership, 17 associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under 18 the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through 19 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth 20 herein, and are legally liable to Plaintiffs. Plaintiffs will seek leave to amend this Complaint to set 21 forth the true names and capacities of the fictitiously named Defendant, together with appropriate 22 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 or 27 within the course and scope of such employment or agency, took some part in the acts and omissions 28 hereinafter set forth by reason of which each Defendant is liable to Plaintiffs for the relief prayed for -2- COMPLAINT 1 herein. 2 8. On January 5, 2021, Plaintiffs purchased a New 2021 Hyundai Tucson, having VIN 3 No. KM8J33AL4MU294387 (“the Subject Vehicle”). Express warranties accompanied the sale of 4 the Subject Vehicle to Plaintiffs by which Hyundai Motor America undertook to preserve or 5 maintain the utility or performance of Plaintiffs’ vehicle or to provide compensation if there was a 6 failure in such utility or performance. 7 9. The Subject Vehicle was delivered to Plaintiffs with serious defects and 8 nonconformities to warranty and developed other serious defects and nonconformities to warranty 9 including, but not limited to, the interior component defects, HVAC system defects, and other 10 serious nonconformities to warranty. 11 10. Plaintiffs hereby revoke acceptance of the sales contract. 12 11. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil 13 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for 14 family or household purposes, and Plaintiffs have used the vehicle primarily for those purposes. 15 12. Plaintiffs are a “buyer” of consumer goods under the Act. 16 13. Defendant Hyundai Motor America is a “manufacturer” and/or “distributor” under 17 the Act. 18 14. To the extent that one or more class action lawsuits have been filed or are filed with 19 respect to the nonconformities affecting Plaintiffs’ vehicle, without conceding the necessity of 20 supplying such notice, Plaintiffs hereby provides notice to Defendant and/or Defendant’s agents of 21 Plaintiffs’ intent to opt-out and be excluded from the settlement class of said class action lawsuit(s). 22 15. Plaintiffs hereby demand trial by jury in this action. 23 FIRST CAUSE OF ACTION 24 Violation of the Song-Beverly Act – Breach of Express Warranty 25 16. Plaintiff incorporates herein by reference, each and every allegation contained in the 26 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 27 17. Express warranties accompanied the sale of the vehicle to Plaintiffs by which 28 Hyundai Motor America undertook to preserve or maintain the utility or performance of Plaintiffs’ -3- COMPLAINT 1 vehicle or to provide compensation if there was a failure in such utility or performance. 2 18. The Subject Vehicle was delivered to Plaintiffs with serious defects and 3 nonconformities to warranty and developed other serious defects and nonconformities to warranty 4 including, but not limited to, interior component defects, HVAC system defects, and other serious 5 nonconformities to warranty. 6 19. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil 7 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or 8 household purposes, and Plaintiffs have used the Subject Vehicle primarily for those purposes. 9 20. Plaintiffs are the “buyer” of consumer goods under the Act. 10 21. Defendant Hyundai Motor America is a “manufacturer” and/or “distributor” under 11 the Act. 12 22. The foregoing defects and nonconformities to warranty manifested themselves in the 13 Subject Vehicle within the applicable express warranty period. The nonconformities substantially 14 impair the use, value and/or safety of the vehicle. 15 23. Plaintiffs delivered the vehicle to an authorized Hyundai Motor America repair 16 facility for repair of the nonconformities. 17 24. Defendant was unable to conform Plaintiffs’ vehicle to the applicable express after a 18 reasonable number of repair attempts. 19 25. Notwithstanding Plaintiffs’ entitlement, Defendant Hyundai Motor America has 20 failed to either promptly replace the new motor vehicle or to promptly make restitution in accordance 21 with the Song-Beverly Act. 22 26. By failure of Defendant to remedy the defects as alleged above, or to issue a refund 23 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act. 24 27. Under the Act, Plaintiffs are entitled to reimbursement of the price paid for the 25 vehicle less that amount directly attributable to use by the Plaintiffs prior to the first presentation of 26 the nonconformities. 27 28. Plaintiffs are entitled to all incidental, consequential, and general damages resulting 28 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. -4- COMPLAINT 1 29. Plaintiffs are entitled under the Song-Beverly Act to recover as part of the judgment 2 a sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably 3 incurred in connection with the commencement and prosecution of this action. 4 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiffs are entitled in 5 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages 6 for Hyundai Motor America’s willful failure to comply with its responsibilities under the Act. 7 SECOND CAUSE OF ACTION 8 Violation of the Song-Beverly Act – Breach of Implied Warranty 9 31. Plaintiffs incorporate herein by reference each and every allegation contained in the 10 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 11 32. Hyundai Motor America and its authorized dealership at which Plaintiffs purchased 12 the Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the 13 Subject Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties provided 14 for under the law. 15 33. Among other warranties, the sale of the Subject Vehicle was accompanied by an 16 implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792. 17 34. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 18 used because it was equipped with one or more defective vehicle systems/components. 19 35. The Subject Vehicle did not measure up to the promises or facts stated on the 20 container or label because it was equipped with one or more defective vehicle systems/components. 21 36. The Subject Vehicle was not of the same quality as those generally acceptable in the 22 trade because it was sold with one or more defective vehicle systems/components which manifest as 23 interior component defects, HVAC system defects, and other serious nonconformities to warranty. 24 37. Upon information and belief, the defective vehicle systems and components were 25 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied 26 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 27 applicable laws. 28 38. Plaintiffs are entitled to justifiably revoke acceptance of the Subject Vehicle under -5- COMPLAINT 1 Civil Code, section 1794, et seq; 2 39. Plaintiffs hereby revoke acceptance of the Subject Vehicle. 3 40. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code, 4 section 1794, et seq. 5 41. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code, section 6 1794, et seq. and Commercial Code, section 2711. 7 42. Plaintiffs are entitled to recover any incidental, consequential, and/or “cover” 8 damages under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 9 THIRD CAUSE OF ACTION 10 Violation of the Song-Beverly Act Section 1793.2(b) 11 43. Plaintiffs incorporate herein by reference each and every allegation contained in the 12 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 13 44. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 14 consumer goods in California, for which it has made an express warranty, shall maintain service and 15 repair facilities or designate and authorize independent service and repair facilities to carry out the 16 terms of those warranties. 17 45. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 18 goods is necessary because they do not conform with the applicable express warranties, service and 19 repair shall be commenced within a reasonable time by the manufacturer or its representative. 20 46. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced 21 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 22 time. 23 47. The sale of the Subject Vehicle was accompanied by express warranties, including a 24 warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective 25 parts, including the electrical system. 26 48. Plaintiffs delivered the Subject Vehicle to Hyundai Motor America’s authorized 27 service representatives on multiple occasions. The Subject Vehicle was delivered for repairs of 28 defects, which amount to a nonconformities to the express warranties that accompanied the sale of -6- COMPLAINT 1 the Subject Vehicle. 2 49. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 3 within 30-days and/or commence repairs within a reasonable time and Hyundai Motor America has 4 failed to tender the Subject Vehicle back to Plaintiffs in conformance with its warranties within the 5 timeframes set forth in Civil Code section 1793.2(b). 6 50. Plaintiffs are entitled to justifiably revoke acceptance of the Subject Vehicle under 7 Civil Code, section 1794, et seq; 8 51. Plaintiffs hereby revoke acceptance of the Subject Vehicle. 9 52. Plaintiffs are entitled to replacement or reimbursement pursuant to Civil Code, 10 section 1794, et seq. 11 53. Plaintiffs are entitled to rescission of the contract pursuant to Civil Code section 1794, 12 et seq. and Commercial Code, section 2711. 13 54. Plaintiffs are entitled to recover any “cover” damages under Commercial Code 14 sections 2711, 2712, and Civil Code, section 1794, et seq. 15 55. Plaintiffs are entitled to recover all incidental and consequential damages pursuant to 16 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 17 56. Plaintiffs are entitled in addition to the amounts recovered, a civil penalty of up to 18 two times the amount of actual damages in that Hyundai Motor America has willfully failed to 19 comply with its responsibilities under the Act. 20 PRAYER FOR RELIEF 21 WHEREFORE, Plaintiffs prays for judgment against Defendants, as follows: 22 1. For general, special and actual damages according to proof at trial; 23 2. For rescission of the purchase contract and restitution of all monies expended; 24 3. For diminution in value; 25 4. For incidental and consequential damages according to proof at trial; 26 5. For civil penalty in the amount of two times Plaintiffs’ actual damages; 27 6. For prejudgment interest at the legal rate; 28 7. For reasonable attorney’s fees and costs and expenses of suit; and -7- COMPLAINT 1 8. For such other and further relief as the Court deems just and proper under the 2 circumstances. 3 Dated: February 1, 2023 CALIFORNIA CONSUMER ATTORNEYS, P.C. 4 5 ___________________________ Michael H. Rosenstein, Esq. 6 Sepehr Daghighian, Esq. 7 Michael William Oppenheim, Esq. Attorneys for Plaintiffs, 8 MICHELLE ANNE ALVAREZ AND EDDIE ORTIZ 9 10 Plaintiffs, MICHELLE ANNE ALVAREZ AND EDDIE ORTIZ, hereby demand trial by 11 jury in this action. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- COMPLAINT