Preview
1 KNIGHT LAW GROUP, LLP
Roger Kirnos (SBN 283163)
2
rogerk@knightlaw.com
3 Christopher Swanson (SBN 278413)
chriss@knightlaw.com
4 Amy Morse (SBN 290502)
amym@knightlaw.com
5
10250 Constellation Blvd., Suite 2500
6 Los Angeles, CA 90067
Telephone: (310) 552-2250
7 Fax: (310) 552-7973
8
Attorneys for Plaintiff(s),
9 Maximo Navarro
Maria Dolores Navarro
10
SUPERIOR COURT OF CALIFORNIA
11
COUNTY OF RIVERSIDE
12
MAXIMO NAVARRO & MARIA DOLORES Case No.:
13 NAVARRO,
Unlimited Jurisdiction
14
Plaintiff(s), 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
through 10, inclusive, 2. VIOLATION OF SONG-BEVERLY
18 ACT - BREACH OF IMPLIED
WARRANTY
19 Defendants.
Assigned for All Purposes to the
20 Honorable
21
Department
22
23
24
25
26
27
28
-1-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
1 Plaintiff(s), MAXIMO NAVARRO & MARIA DOLORES NAVARRO, allege as follows
2 against Defendants, GENERAL MOTORS LLC, a Delaware Limited Liaibility Company,
3 (“GENERAL MOTORS LLC”); and DOES 1 through 10 inclusive, on information and belief,
4 formed after an inquiry reasonable under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff(s) MAXIMO NAVARRO & MARIA DOLORES NAVARRO hereby demand
7 trial by jury in this action.
8 GENERAL ALLEGATIONS
9 2. The warranties that are the subject of this lawsuit were entered into in Riverside, County
10 of Riverside, and State of California.
11 3. Defendant GENERAL MOTORS LLC is and was a Delaware Limited Liability Company
12 registered to do business in the State of California.
13 4. These causes of action arise out of the warranty obligations of GENERAL MOTORS LLC
14 in connection with a motor vehicle for which GENERAL MOTORS LLC issued a written
15 warranty.
16 5. Plaintiff(s) 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,
18 under the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1
19 through 10, inclusive, are in some manner responsible for the acts, occurrences and transactions
20 set forth herein, and are legally liable to Plaintiff(s). Plaintiff(s) will seek leave to amend this
21 Complaint to set forth the true names and capacities of the fictitiously named Defendant, together
22 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. Defendant GENERAL MOTORS LLC entered into a written warranty contract with
26 Plaintiff(s) which included a Basic Warranty that included bumper-to-bumper coverage for defects
27 in materials and workmanship for the earlier of 36 Months (3 Years) or 36000 miles, a
28 Drivetrain/Powertrain Warranty that covered defects in materials and workmanship for the earlier
-2-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
1 of 72 Months (6 Years) or 60000, and an California Emissions Warranty that covered defects in
2 materials and workmanship in emissions parts for the earlier of 7 years or 70,000 miles.
3 8. Plaintiff(s) hereby revoke acceptance of the Subject Vehicle.
4 9. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the "Act") Civil Code
5 sections 1790 et seq. the Subject Vehicle constitutes "consumer goods” used primarily for family
6 or household purposes, and Plaintiff(s) have used the vehicle primarily for those purposes.
7 10. Plaintiff(s) are a "buyer" of consumer goods under the Act.
8 11. Defendant GENERAL MOTORS LLC is a "manufacturer" and/or “distributor" under the
9 Act.
10 12. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil Code
11 sections 1790 et seq. the Subject Vehicle constitutes a “new motor vehicle.”
12 13. Plaintiff(s) hereby demand trial by jury in this action.
13 FIRST CAUSE OF ACTION
14 Violation of the Song-Beverly Act – Breach of Express Warranty
15 14. Plaintiff(s) 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 15. On August 26, 2022, Plaintiff(s) entered into a warranty contract with GENERAL
18 MOTORS LLC regarding a 2022 GMC Canyon, VIN:1GTG5CEN4N1218899, ("the Subject
19 Vehicle”) for a total price of $47,319.84.
20 16. Defects and nonconformities to warranty manifested themselves within the applicable
21 express warranty period. The nonconformities substantially impaired the use, value and/or safety
22 of the Subject Vehicle.
23 17. Plaintiff(s) delivered the vehicle to an authorized GENERAL MOTORS LLC repair
24 facility for repair of the nonconformities.
25 18. GENERAL MOTORS LLC was unable to conform the Subject Vehicle to the applicable
26 express warranty after a reasonable number of repair attempts.
27
28
-3-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
1 19. Notwithstanding Plaintiff(s)’ entitlement to a replacement vehicle and/or restitution under
2 the Act, GENERAL MOTORS LLC has failed to promptly make restitution in accordance with
3 the Song-Beverly Act.
4 20. By failure of GENERAL MOTORS LLC to remedy the defects and nonconformities as
5 alleged above, or to promptly issue restitution in compliance with the Song-Beverly Act,
6 GENERAL MOTORS LLC is in breach of its obligations under the Song-Beverly Act.
7 21. GENERAL MOTORS LLC acted willfully in its failure to comply with the Song-Beverly
8 Act.
9 22. Under the Act, Plaintiff(s) are entitled to reimbursement of the price paid and/or owed for
10 the Subject Vehicle less that amount directly attributable to use by the Plaintiff(s) prior to the
11 first presentation to an authorized repair facility for a nonconformity.
12 23. Plaintiff(s) are entitled to all incidental, consequential, and general damages resulting
13 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
14 24. Plaintiff(s) are entitled under the Song-Beverly Act to recover as part of the judgment a
15 sum equal to the aggregate amount of costs and expenses, including attorney's fees, reasonably
16 incurred in connection with the commencement and prosecution of this action.
17 25. Plaintiff(s) are entitled in addition to the amounts recovered, a civil penalty of up to two
18 times the amount of actual damages for GENERAL MOTORS LLC’s willful failure to comply
19 with its obligations under the Act.
20 SECOND CAUSE OF ACTION
21 Violation of the Song-Beverly Act – Breach of Implied Warranty
22 26. Plaintiff(s) incorporate herein by reference each and every allegation contained in the
23 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
24 27. GENERAL MOTORS LLC gave Plaintiff(s) an implied warranty that the Subject Vehicle
25 was merchantable pursuant to Civil Code section 1792.
26 28. The Subject Vehicle was delivered to Plaintiff(s) with latent defects.
27 29. The Subject Vehicle was not fit for the ordinary purpose for which such goods are used.
28 30. The Subject Vehicle did not measure up to the promises or facts stated on the container or
-4-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
1 label.
2 31. The Subject Vehicle was not of the same quality as those generally acceptable in the trade.
3 32. Plaintiff(s) justifiably revoked acceptance of the Subject Vehicle under Civil Code,
4 section 1794, et seq. prior to the filing of this Complaint.
5 33. Plaintiff(s) hereby revoke acceptance of the Subject Vehicle.
6 34. Plaintiff(s) are entitled to monetary damages pursuant to Civil Code, section 1794, et seq.
7 35. Plaintiff(s) are entitled to all monies paid or payable under the contract pursuant to Civil
8 Code, section 1794, et seq. and Commercial Code, section 2711.
9 36. Plaintiff(s) are entitled to recover any “cover” damages under Commercial Code, sections
10 2711, 2712, and Civil Code, section 1794, et seq.
11 37. Plaintiff(s) are entitled to recover all incidental and consequential damages pursuant to
12 1794 et seq. and Commercial Code, sections 2711, 2712, and 2713 et seq.
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ///
27 ///
28 ///
-5-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff(s) pray for judgment against Defendant, as follows:
3 1. For general, special and actual damages according to proof at trial;
4 2. For monetary damages;
5 3. For incidental and consequential damages according to proof at trial;
6 4. For civil penalty in the amount of two times Plaintiff(s)’ actual damages;
7 5. For prejudgment interest at the legal rate;
8 6. For reasonable attorney's fees and costs of suit; and
9 7. For such other and further relief as the Court deems just and proper under the
10 circumstances.
11
12
13 Dated: May 11, 2023 KNIGHT LAW GROUP, LLP
14
15
Christopher Swanson (278413)
16 Attorneys for Plaintiff(s),
Maximo Navarro
17
Maria Dolores Navarro
18
19 Plaintiff(s) MAXIMO NAVARRO & MARIA DOLORES NAVARRO hereby demands
20 trial by jury in this action.
21
22
23
24
25
26
27
28
-6-
MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT
Preview
1 KNIGHT LAW GROUP, LLP Roger Kirnos (SBN 283163) 2 rogerk@knightlaw.com 3 Christopher Swanson (SBN 278413) chriss@knightlaw.com 4 Amy Morse (SBN 290502) amym@knightlaw.com 5 10250 Constellation Blvd., Suite 2500 6 Los Angeles, CA 90067 Telephone: (310) 552-2250 7 Fax: (310) 552-7973 8 Attorneys for Plaintiff(s), 9 Maximo Navarro Maria Dolores Navarro 10 SUPERIOR COURT OF CALIFORNIA 11 COUNTY OF RIVERSIDE 12 MAXIMO NAVARRO & MARIA DOLORES Case No.: 13 NAVARRO, Unlimited Jurisdiction 14 Plaintiff(s), 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 through 10, inclusive, 2. VIOLATION OF SONG-BEVERLY 18 ACT - BREACH OF IMPLIED WARRANTY 19 Defendants. Assigned for All Purposes to the 20 Honorable 21 Department 22 23 24 25 26 27 28 -1- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT 1 Plaintiff(s), MAXIMO NAVARRO & MARIA DOLORES NAVARRO, allege as follows 2 against Defendants, GENERAL MOTORS LLC, a Delaware Limited Liaibility Company, 3 (“GENERAL MOTORS LLC”); and DOES 1 through 10 inclusive, on information and belief, 4 formed after an inquiry reasonable under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff(s) MAXIMO NAVARRO & MARIA DOLORES NAVARRO hereby demand 7 trial by jury in this action. 8 GENERAL ALLEGATIONS 9 2. The warranties that are the subject of this lawsuit were entered into in Riverside, County 10 of Riverside, and State of California. 11 3. Defendant GENERAL MOTORS LLC is and was a Delaware Limited Liability Company 12 registered to do business in the State of California. 13 4. These causes of action arise out of the warranty obligations of GENERAL MOTORS LLC 14 in connection with a motor vehicle for which GENERAL MOTORS LLC issued a written 15 warranty. 16 5. Plaintiff(s) 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, 18 under the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 19 through 10, inclusive, are in some manner responsible for the acts, occurrences and transactions 20 set forth herein, and are legally liable to Plaintiff(s). Plaintiff(s) will seek leave to amend this 21 Complaint to set forth the true names and capacities of the fictitiously named Defendant, together 22 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. Defendant GENERAL MOTORS LLC entered into a written warranty contract with 26 Plaintiff(s) which included a Basic Warranty that included bumper-to-bumper coverage for defects 27 in materials and workmanship for the earlier of 36 Months (3 Years) or 36000 miles, a 28 Drivetrain/Powertrain Warranty that covered defects in materials and workmanship for the earlier -2- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT 1 of 72 Months (6 Years) or 60000, and an California Emissions Warranty that covered defects in 2 materials and workmanship in emissions parts for the earlier of 7 years or 70,000 miles. 3 8. Plaintiff(s) hereby revoke acceptance of the Subject Vehicle. 4 9. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the "Act") Civil Code 5 sections 1790 et seq. the Subject Vehicle constitutes "consumer goods” used primarily for family 6 or household purposes, and Plaintiff(s) have used the vehicle primarily for those purposes. 7 10. Plaintiff(s) are a "buyer" of consumer goods under the Act. 8 11. Defendant GENERAL MOTORS LLC is a "manufacturer" and/or “distributor" under the 9 Act. 10 12. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil Code 11 sections 1790 et seq. the Subject Vehicle constitutes a “new motor vehicle.” 12 13. Plaintiff(s) hereby demand trial by jury in this action. 13 FIRST CAUSE OF ACTION 14 Violation of the Song-Beverly Act – Breach of Express Warranty 15 14. Plaintiff(s) 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 15. On August 26, 2022, Plaintiff(s) entered into a warranty contract with GENERAL 18 MOTORS LLC regarding a 2022 GMC Canyon, VIN:1GTG5CEN4N1218899, ("the Subject 19 Vehicle”) for a total price of $47,319.84. 20 16. Defects and nonconformities to warranty manifested themselves within the applicable 21 express warranty period. The nonconformities substantially impaired the use, value and/or safety 22 of the Subject Vehicle. 23 17. Plaintiff(s) delivered the vehicle to an authorized GENERAL MOTORS LLC repair 24 facility for repair of the nonconformities. 25 18. GENERAL MOTORS LLC was unable to conform the Subject Vehicle to the applicable 26 express warranty after a reasonable number of repair attempts. 27 28 -3- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT 1 19. Notwithstanding Plaintiff(s)’ entitlement to a replacement vehicle and/or restitution under 2 the Act, GENERAL MOTORS LLC has failed to promptly make restitution in accordance with 3 the Song-Beverly Act. 4 20. By failure of GENERAL MOTORS LLC to remedy the defects and nonconformities as 5 alleged above, or to promptly issue restitution in compliance with the Song-Beverly Act, 6 GENERAL MOTORS LLC is in breach of its obligations under the Song-Beverly Act. 7 21. GENERAL MOTORS LLC acted willfully in its failure to comply with the Song-Beverly 8 Act. 9 22. Under the Act, Plaintiff(s) are entitled to reimbursement of the price paid and/or owed for 10 the Subject Vehicle less that amount directly attributable to use by the Plaintiff(s) prior to the 11 first presentation to an authorized repair facility for a nonconformity. 12 23. Plaintiff(s) are entitled to all incidental, consequential, and general damages resulting 13 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. 14 24. Plaintiff(s) are entitled under the Song-Beverly Act to recover as part of the judgment a 15 sum equal to the aggregate amount of costs and expenses, including attorney's fees, reasonably 16 incurred in connection with the commencement and prosecution of this action. 17 25. Plaintiff(s) are entitled in addition to the amounts recovered, a civil penalty of up to two 18 times the amount of actual damages for GENERAL MOTORS LLC’s willful failure to comply 19 with its obligations under the Act. 20 SECOND CAUSE OF ACTION 21 Violation of the Song-Beverly Act – Breach of Implied Warranty 22 26. Plaintiff(s) incorporate herein by reference each and every allegation contained in the 23 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 24 27. GENERAL MOTORS LLC gave Plaintiff(s) an implied warranty that the Subject Vehicle 25 was merchantable pursuant to Civil Code section 1792. 26 28. The Subject Vehicle was delivered to Plaintiff(s) with latent defects. 27 29. The Subject Vehicle was not fit for the ordinary purpose for which such goods are used. 28 30. The Subject Vehicle did not measure up to the promises or facts stated on the container or -4- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT 1 label. 2 31. The Subject Vehicle was not of the same quality as those generally acceptable in the trade. 3 32. Plaintiff(s) justifiably revoked acceptance of the Subject Vehicle under Civil Code, 4 section 1794, et seq. prior to the filing of this Complaint. 5 33. Plaintiff(s) hereby revoke acceptance of the Subject Vehicle. 6 34. Plaintiff(s) are entitled to monetary damages pursuant to Civil Code, section 1794, et seq. 7 35. Plaintiff(s) are entitled to all monies paid or payable under the contract pursuant to Civil 8 Code, section 1794, et seq. and Commercial Code, section 2711. 9 36. Plaintiff(s) are entitled to recover any “cover” damages under Commercial Code, sections 10 2711, 2712, and Civil Code, section 1794, et seq. 11 37. Plaintiff(s) are entitled to recover all incidental and consequential damages pursuant to 12 1794 et seq. and Commercial Code, sections 2711, 2712, and 2713 et seq. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 /// 27 /// 28 /// -5- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff(s) pray for judgment against Defendant, as follows: 3 1. For general, special and actual damages according to proof at trial; 4 2. For monetary damages; 5 3. For incidental and consequential damages according to proof at trial; 6 4. For civil penalty in the amount of two times Plaintiff(s)’ actual damages; 7 5. For prejudgment interest at the legal rate; 8 6. For reasonable attorney's fees and costs of suit; and 9 7. For such other and further relief as the Court deems just and proper under the 10 circumstances. 11 12 13 Dated: May 11, 2023 KNIGHT LAW GROUP, LLP 14 15 Christopher Swanson (278413) 16 Attorneys for Plaintiff(s), Maximo Navarro 17 Maria Dolores Navarro 18 19 Plaintiff(s) MAXIMO NAVARRO & MARIA DOLORES NAVARRO hereby demands 20 trial by jury in this action. 21 22 23 24 25 26 27 28 -6- MAXIMO NAVARRO & MARIA DOLORES NAVARRO v. GM COMPLAINT