Preview
QUILL & ARROW, LLP
1
Kevin Y. Jacobson, Esq. (SBN 320532)
2 kjacobson@quillarrowlaw.com
e-service@quillarrowlaw.com
3 10900 Wilshire Boulevard, Suite 300
Los Angeles, CA, 90024
4 Telephone: (310) 933-4271
5 Facsimile: (310) 889-0645
6
Attorney for Plaintiff,
7 TIERRA M. GANT
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF RIVERSIDE
11
12 TIERRA M. GANT, an individual, Case No.:
Unlimited Jurisdiction
13 Plaintiff, COMPLAINT
14 vs. 1. VIOLATION OF SONG-BEVERLY
15 ACT - BREACH OF EXPRESS
FCA US LLC, a Delaware Limited WARRANTY
16 Liability Company, and DOES 1 through 2. VIOLATION OF SONG-BEVERLY
10, inclusive, ACT - BREACH OF IMPLIED
17 WARRANTY
3. VIOLATION OF THE SONG-
18 Defendants. BEVERLY ACT SECTION 1793.2
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COMPLAINT
1 Plaintiff, TIERRA M. GANT, an individual (“Plaintiff”), alleges as follows against
2 Defendant, FCA US LLC, a Delaware Limited Liability Company (“FCA US LLC”), and DOES 1
3 through 10 inclusive, on information and belief, formed after a reasonable inquiry under the
4 circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff, TIERRA M. GANT, hereby demands trial by jury in this action.
7 GENERAL ALLEGATIONS
8 2. Plaintiff, TIERRA M. GANT, is an individual residing in the City of Rialto, State
9 of California.
10 3. Defendant, FCA US LLC, is and was a Delaware Limited Liability Company
11 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 FCA
13 US LLC in connection with a vehicle Plaintiff purchased and for which FCA US LLC issued a
14 written warranty. The warranty was not issued by the selling dealership.
15 5. Plaintiff does not know the true names and capacities, whether corporate,
16 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10,
17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant
18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and
19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend
20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant,
21 together with appropriate charging allegations, when ascertained.
22 6. All acts of corporate employees as alleged were authorized or ratified by an officer,
23 director, or managing agent of the corporate employer.
24 7. Each Defendant, whether actually or fictitiously named herein, was the principal,
25 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal
26 or within the course and scope of such employment or agency, took some part in the acts and
27 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief
28 prayed for herein.
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COMPLAINT
1 8. On January 18, 2020, Plaintiff purchased a 2019 Jeep Compass, having VIN No.:
2 3C4NJCAB3KT840798 ("the Subject Vehicle”). These causes of action arise out of warranty and
3 repair obligations of FCA US LLC in connection with a vehicle that Plaintiff purchased and for
4 which FCA US LLC issued a written warranty. The warranty was not issued by the selling
5 dealership.
6 9. FCA US LLC warranted the Subject Vehicle and agreed to preserve or maintain the
7 utility or performance of Plaintiff’s vehicle or to provide compensation if there was a failure in
8 such utility or performance. In connection with the purchase, Plaintiff received various warranties,
9 inter alia, a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile
10 powertrain warranty which, inter alia, covers the engine and the transmission, as well as various
11 emissions warranties that exceed the time and mileage limitations of the bumper to bumper and
12 powertrain warranties.
13 10. The Subject Vehicle was delivered to Plaintiff with serious defects and
14 nonconformities to warranty and developed other serious defects and nonconformities to warranty
15 including, but not limited to, electrical, engine, transmission, and emission system defects.
16 11. Plaintiff hereby revokes acceptance of the sales contract.
17 12. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
18 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
19 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
20 13. Plaintiff is a “buyer” of consumer goods under the Act.
21 14. Defendant, FCA US LLC, is a "manufacturer" and/or “distributor" under the Act.
22 15. Plaintiff hereby demands 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. The Subject Vehicle was sold to Plaintiff with express warranties that the Subject
28 Vehicle would be free from defects in materials, nonconformity, or workmanship during the
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COMPLAINT
1 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant FCA
2 US LLC would repair the defects.
3 18. The Subject Vehicle was delivered to Plaintiff with serious defects and
4 nonconformities to warranty and developed other serious defects and nonconformities to warranty
5 including, but not limited to, electrical, engine, transmission, and emission system defects.
6 19. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
7 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
8 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
9 20. Plaintiff is the “buyer” of consumer goods under the Act.
10 21. Defendant, FCA US LLC, is a "manufacturer" and/or “distributor" under the Act.
11 22. The foregoing defects and nonconformities to warranty manifested themselves in
12 the Subject Vehicle within the applicable express warranty period. The nonconformities
13 substantially impair the use, value, and/or safety of the vehicle.
14 23. Plaintiff delivered the vehicle to an authorized FCA US LLC repair facility for repair
15 of the nonconformities.
16 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express
17 warranty after a reasonable number of repair attempts.
18 25. Notwithstanding Plaintiff’s entitlement, Defendant FCA US LLC has failed to either
19 promptly replace the new motor vehicle or to promptly make restitution in accordance with the
20 Song-Beverly Act.
21 26. By failure of Defendant to remedy the defects as alleged above or to issue a refund
22 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
23 27. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
24 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
25 nonconformities.
26 28. Plaintiff is entitled to all incidental, consequential, and general damages resulting
27 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
28 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
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COMPLAINT
1 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably
2 incurred in connection with the commencement and prosecution of this action.
3 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in
4 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
5 for FCA US LLC’s willful failure to comply with its responsibilities under the Act.
6 SECOND CAUSE OF ACTION
7 Violation of the Song-Beverly Act – Breach of Implied Warranty
8 31. Plaintiff incorporates herein by reference each and every allegation contained in the
9 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
10 32. FCA US LLC and its authorized dealership at which Plaintiff purchased the subject
11 vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the subject
12 vehicle. The Subject Vehicle was accompanied by implied warranties provided for under the law.
13 33. Among other warranties, the Subject Vehicle was accompanied by an implied
14 warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792.
15 34. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability
16 means and includes that the Vehicle will comply with each of the following requirements: (1) The
17 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is
18 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately
19 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of
20 fact made on the container or label.
21 35. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
22 used because it was equipped with one or more defective vehicle systems/components.
23 36. The Subject Vehicle did not measure up to the promises or facts stated on the
24 container or label because it was equipped with one or more defective vehicle systems/components.
25 37. The Subject Vehicle was not of the same quality as those generally accepted in the
26 trade because it was sold with one or more defective vehicle systems/components which manifested
27 as electrical, engine, transmission, and emission system defects.
28 38. Upon information and belief, the defective vehicle systems and components were
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COMPLAINT
1 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
2 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
3 applicable laws.
4 39. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
5 Code, section 1794, et seq.
6 40. Plaintiff hereby revokes acceptance of the Subject Vehicle.
7 41. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
8 1794, et seq.
9 42. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
10 et seq. and Commercial Code, section 2711.
11 43. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
12 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
13 THIRD CAUSE OF ACTION
14 Violation of the Song-Beverly Act Section 1793.2(b)
15 44. Plaintiff incorporates herein by reference each and every allegation contained in the
16 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
17 45. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
18 consumer goods in California, for which it has made an express warranty, shall maintain service
19 and repair facilities or designate and authorize independent service and repair facilities to carry out
20 the terms of those warranties.
21 46. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
22 goods are necessary because they do not conform with the applicable express warranties, service
23 and repair shall be commenced within a reasonable time by the manufacturer or its representative.
24 47. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
25 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
26 time.
27 48. The sale of the Subject Vehicle was accompanied by express warranties, including
28 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective
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COMPLAINT
1 parts, including the electrical system.
2 49. Plaintiff delivered the subject vehicle to FCA US LLC’s authorized service
3 representatives on multiple occasions. The subject vehicle was delivered for repairs of defects,
4 which amount to nonconformities to the express warranties that accompanied the sale of the subject
5 vehicle.
6 50. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
7 within 30-days and/or commence repairs within a reasonable time, and FCA US LLC has failed to
8 tender the subject vehicle back to Plaintiff in conformance with its warranties within the timeframes
9 set forth in Civil Code section 1793.2(b).
10 51. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
11 Code, section 1794, et seq.
12 52. Plaintiff hereby revokes acceptance of the subject vehicle.
13 53. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
14 1794, et seq.
15 54. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
16 et seq. and Commercial Code, section 2711.
17 55. Plaintiff is entitled to recover any “cover” damages under Commercial Code
18 sections 2711, 2712, and Civil Code, section 1794, et seq.
19 56. Plaintiff is entitled to recover all incidental and consequential damages pursuant to
20 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
21 57. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
22 times the amount of actual damages in that FCA US LLC has willfully failed to comply with its
23 responsibilities under the Act.
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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: April 18, 2023
12 QUILL & ARROW, LLP
13
14 ________________________
Kevin Y. Jacobson, Esq.
15 Attorney for Plaintiff,
TIERRA M. GANT
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Plaintiff, TIERRA M. GANT, hereby demands trial by jury in this action.
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COMPLAINT
Preview
QUILL & ARROW, LLP 1 Kevin Y. Jacobson, Esq. (SBN 320532) 2 kjacobson@quillarrowlaw.com e-service@quillarrowlaw.com 3 10900 Wilshire Boulevard, Suite 300 Los Angeles, CA, 90024 4 Telephone: (310) 933-4271 5 Facsimile: (310) 889-0645 6 Attorney for Plaintiff, 7 TIERRA M. GANT 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF RIVERSIDE 11 12 TIERRA M. GANT, an individual, Case No.: Unlimited Jurisdiction 13 Plaintiff, COMPLAINT 14 vs. 1. VIOLATION OF SONG-BEVERLY 15 ACT - BREACH OF EXPRESS FCA US LLC, a Delaware Limited WARRANTY 16 Liability Company, and DOES 1 through 2. VIOLATION OF SONG-BEVERLY 10, inclusive, ACT - BREACH OF IMPLIED 17 WARRANTY 3. VIOLATION OF THE SONG- 18 Defendants. BEVERLY ACT SECTION 1793.2 19 20 21 22 23 24 25 26 27 28 COMPLAINT 1 Plaintiff, TIERRA M. GANT, an individual (“Plaintiff”), alleges as follows against 2 Defendant, FCA US LLC, a Delaware Limited Liability Company (“FCA US LLC”), and DOES 1 3 through 10 inclusive, on information and belief, formed after a reasonable inquiry under the 4 circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff, TIERRA M. GANT, hereby demands trial by jury in this action. 7 GENERAL ALLEGATIONS 8 2. Plaintiff, TIERRA M. GANT, is an individual residing in the City of Rialto, State 9 of California. 10 3. Defendant, FCA US LLC, is and was a Delaware Limited Liability Company 11 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 FCA 13 US LLC in connection with a vehicle Plaintiff purchased and for which FCA US LLC issued a 14 written warranty. The warranty was not issued by the selling dealership. 15 5. Plaintiff does not know the true names and capacities, whether corporate, 16 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10, 17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant 18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and 19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend 20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant, 21 together with appropriate charging allegations, when ascertained. 22 6. All acts of corporate employees as alleged were authorized or ratified by an officer, 23 director, or managing agent of the corporate employer. 24 7. Each Defendant, whether actually or fictitiously named herein, was the principal, 25 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal 26 or within the course and scope of such employment or agency, took some part in the acts and 27 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief 28 prayed for herein. -2- COMPLAINT 1 8. On January 18, 2020, Plaintiff purchased a 2019 Jeep Compass, having VIN No.: 2 3C4NJCAB3KT840798 ("the Subject Vehicle”). These causes of action arise out of warranty and 3 repair obligations of FCA US LLC in connection with a vehicle that Plaintiff purchased and for 4 which FCA US LLC issued a written warranty. The warranty was not issued by the selling 5 dealership. 6 9. FCA US LLC warranted the Subject Vehicle and agreed to preserve or maintain the 7 utility or performance of Plaintiff’s vehicle or to provide compensation if there was a failure in 8 such utility or performance. In connection with the purchase, Plaintiff received various warranties, 9 inter alia, a 3-year/36,000 mile express bumper to bumper warranty, a 5-year/60,000 mile 10 powertrain warranty which, inter alia, covers the engine and the transmission, as well as various 11 emissions warranties that exceed the time and mileage limitations of the bumper to bumper and 12 powertrain warranties. 13 10. The Subject Vehicle was delivered to Plaintiff with serious defects and 14 nonconformities to warranty and developed other serious defects and nonconformities to warranty 15 including, but not limited to, electrical, engine, transmission, and emission system defects. 16 11. Plaintiff hereby revokes acceptance of the sales contract. 17 12. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil 18 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for 19 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes. 20 13. Plaintiff is a “buyer” of consumer goods under the Act. 21 14. Defendant, FCA US LLC, is a "manufacturer" and/or “distributor" under the Act. 22 15. Plaintiff hereby demands 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. The Subject Vehicle was sold to Plaintiff with express warranties that the Subject 28 Vehicle would be free from defects in materials, nonconformity, or workmanship during the -3- COMPLAINT 1 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant FCA 2 US LLC would repair the defects. 3 18. The Subject Vehicle was delivered to Plaintiff with serious defects and 4 nonconformities to warranty and developed other serious defects and nonconformities to warranty 5 including, but not limited to, electrical, engine, transmission, and emission system defects. 6 19. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil 7 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or 8 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes. 9 20. Plaintiff is the “buyer” of consumer goods under the Act. 10 21. Defendant, FCA US LLC, is a "manufacturer" and/or “distributor" under the Act. 11 22. The foregoing defects and nonconformities to warranty manifested themselves in 12 the Subject Vehicle within the applicable express warranty period. The nonconformities 13 substantially impair the use, value, and/or safety of the vehicle. 14 23. Plaintiff delivered the vehicle to an authorized FCA US LLC repair facility for repair 15 of the nonconformities. 16 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express 17 warranty after a reasonable number of repair attempts. 18 25. Notwithstanding Plaintiff’s entitlement, Defendant FCA US LLC has failed to either 19 promptly replace the new motor vehicle or to promptly make restitution in accordance with the 20 Song-Beverly Act. 21 26. By failure of Defendant to remedy the defects as alleged above or to issue a refund 22 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act. 23 27. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle 24 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the 25 nonconformities. 26 28. Plaintiff is entitled to all incidental, consequential, and general damages resulting 27 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. 28 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a -4- COMPLAINT 1 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably 2 incurred in connection with the commencement and prosecution of this action. 3 30. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in 4 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages 5 for FCA US LLC’s willful failure to comply with its responsibilities under the Act. 6 SECOND CAUSE OF ACTION 7 Violation of the Song-Beverly Act – Breach of Implied Warranty 8 31. Plaintiff incorporates herein by reference each and every allegation contained in the 9 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 10 32. FCA US LLC and its authorized dealership at which Plaintiff purchased the subject 11 vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the subject 12 vehicle. The Subject Vehicle was accompanied by implied warranties provided for under the law. 13 33. Among other warranties, the Subject Vehicle was accompanied by an implied 14 warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792. 15 34. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability 16 means and includes that the Vehicle will comply with each of the following requirements: (1) The 17 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is 18 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately 19 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of 20 fact made on the container or label. 21 35. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 22 used because it was equipped with one or more defective vehicle systems/components. 23 36. The Subject Vehicle did not measure up to the promises or facts stated on the 24 container or label because it was equipped with one or more defective vehicle systems/components. 25 37. The Subject Vehicle was not of the same quality as those generally accepted in the 26 trade because it was sold with one or more defective vehicle systems/components which manifested 27 as electrical, engine, transmission, and emission system defects. 28 38. Upon information and belief, the defective vehicle systems and components were -5- COMPLAINT 1 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied 2 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 3 applicable laws. 4 39. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 5 Code, section 1794, et seq. 6 40. Plaintiff hereby revokes acceptance of the Subject Vehicle. 7 41. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 8 1794, et seq. 9 42. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794, 10 et seq. and Commercial Code, section 2711. 11 43. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages 12 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 13 THIRD CAUSE OF ACTION 14 Violation of the Song-Beverly Act Section 1793.2(b) 15 44. Plaintiff incorporates herein by reference each and every allegation contained in the 16 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 17 45. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 18 consumer goods in California, for which it has made an express warranty, shall maintain service 19 and repair facilities or designate and authorize independent service and repair facilities to carry out 20 the terms of those warranties. 21 46. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 22 goods are necessary because they do not conform with the applicable express warranties, service 23 and repair shall be commenced within a reasonable time by the manufacturer or its representative. 24 47. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced 25 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 26 time. 27 48. The sale of the Subject Vehicle was accompanied by express warranties, including 28 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective -6- COMPLAINT 1 parts, including the electrical system. 2 49. Plaintiff delivered the subject vehicle to FCA US LLC’s authorized service 3 representatives on multiple occasions. The subject vehicle was delivered for repairs of defects, 4 which amount to nonconformities to the express warranties that accompanied the sale of the subject 5 vehicle. 6 50. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 7 within 30-days and/or commence repairs within a reasonable time, and FCA US LLC has failed to 8 tender the subject vehicle back to Plaintiff in conformance with its warranties within the timeframes 9 set forth in Civil Code section 1793.2(b). 10 51. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 11 Code, section 1794, et seq. 12 52. Plaintiff hereby revokes acceptance of the subject vehicle. 13 53. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 14 1794, et seq. 15 54. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794, 16 et seq. and Commercial Code, section 2711. 17 55. Plaintiff is entitled to recover any “cover” damages under Commercial Code 18 sections 2711, 2712, and Civil Code, section 1794, et seq. 19 56. Plaintiff is entitled to recover all incidental and consequential damages pursuant to 20 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 21 57. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two 22 times the amount of actual damages in that FCA US LLC has willfully failed to comply with its 23 responsibilities under the Act. 24 /// 25 /// 26 /// 27 /// 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: April 18, 2023 12 QUILL & ARROW, LLP 13 14 ________________________ Kevin Y. Jacobson, Esq. 15 Attorney for Plaintiff, TIERRA M. GANT 16 Plaintiff, TIERRA M. GANT, hereby demands trial by jury in this action. 17 18 19 20 21 22 23 24 25 26 27 28 -8- COMPLAINT