Preview
/Deepak Devabose (SBN 298890)
(310)552-2250
AmyM@knightlaw.com
MA ARMENTA ZAVALA
MONTEREY
1200 Aguajito Road
Monterey, CA 93940
Monterey Division
MA ARMENTA ZAVALA
GENERAL MOTORS LLC, a Delaware Limited Liability
Company, et. al.
23CV001042
August 8, 2023 9:00AM 15
MA ARMENTA ZAVALA
April 6, 2023
X
1
MA ARMENTA ZAVALA
GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042
Company, et. al.
X
02/20/24, 02/26/24, 03/04/24, 03/11/24, 03/18/24, 03/19/24, 03/25/24, 04/02/24, 04/08/24, 04/12/24, 04/15/24,
04/16/24, 04/22/24, 05/06/24, 05/20/24, 05/28/24, 06/03/24, 06/10/24, 06/18/24, 07/08/24, 07/15/24, 07/22/24
5-7 Days *If Defendant refuses to stipulate to the authenticity of the repair orders
Plaintiff needs to add 1-2 days of dealership testimony to lay foundation.
2
MA ARMENTA ZAVALA
GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042
Company, et. al.
3
MA ARMENTA ZAVALA
GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042
Company, et. al.
February 2024
February 2024
4
MA ARMENTA ZAVALA
23CV001042
GENERAL MOTORS LLC, a Delaware Limited Liability
Company, et. al.
August 3, 2023
Deepak Devabose (SBN 298890)
5
MA ARMENTA ZAVALA
23CV001042
v. GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al.
The instant matter involves a 2022 Chevrolet TAHOE, VIN: 1GNSKNKT5NR136657. The
claims in this lawsuit arise from the warranty contract entered into between Plaintiff(s) and
General Motors LLC.
Plaintiff(s)' complaint includes the following causes of action:
1. Violation of Song-Beverly Act - Breach of Express Warranty
2. Violation of Song-Beverly Act - Breach of Implied Warranty
6
MA ARMENTA ZAVALA
23CV001042
v. GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al.
Subject Vehicle: 2022 Chevrolet TAHOE, VIN: 1GNSKNKT5NR136657
Manufacturer Defendant: GENERAL MOTORS LLC, a Delaware Limited Liability Company
Breach of Express Warranty: Summary of Claim & Damages
Manufacturer Defendant entered into an express warranty contract with Plaintiff(s), in which Manufacturer
Defendant agreed to repair defects resulting from manufacturing or workmanship in the Subject Vehicle
during the prescribed warranty periods.
Plaintiff(s) delivered the Subject Vehicle to Defendant’s authorized repair facilities multiple times during the
warranty period. Manufacturer Defendant and its authorized repair facilities failed to repair the vehicle after
a reasonable number of opportunities to do so. Manufacturer Defendant violated the Song-Beverly Consumer
Warranty Act by not promptly repurchasing the vehicle after being given a reasonable number of
opportunities to repair the vehicle.
As to the breach of express warranty, Plaintiff(s) seek statutory restitution described by Civil Code section
1793(d)(2)(B), incidental and consequential damages, prejudgment interest, reasonable attorney fees and
costs of suit, general, and special and actual damages, according to proof at trial. Plaintiff(s) also seek civil
penalties in an amount not to exceed two times the actual damages in the case.
Breach of Implied Warranty: Summary of Claim & Damages
The Subject Vehicle was not merchantable and therefore in violation of the Song Beverly Act’s Implied
Warranty of merchantability. Plaintiff(s) revoked acceptance of the Subject Vehicle prior to and at the time
of filing of the complaint and therefore seek monetary damages described in Civil Code section 1794,
Commercial Code sections 2711 (so much of the price as has been paid and any expenses reasonably incurred
in their inspection, receipt, transportation, care, and custody), and 2712 (cover damages), incidental,
consequential damages, prejudgment interest, reasonable attorney fees and costs of suit according to proof
at trial.
7
1 PROOF OF SERVICE
(Code of Civil Procedure §1013a)
2
I am employed in the City of Los Angeles, State of California. I am over the age of 18
3
years and not a party to the within action. My business address is 10250 Constellation Blvd. Suite
4 2500, Los Angeles CA 90067.
5 I served an electronic copy of the following documents described as:
6 CASE MANAGEMENT STATEMENT
7 PLAINTIFF(S)’ NOTICE OF POSTING JURY FEES
8 On the intended parties in this action as follows:
9
Mary Arens McBride, Esq.
10 Cameron Major, Esq.
THE ERSKINE LAW GROUP, P.C.
11 eservice-ca@erskinelaw.com
marensmcbride@erskinelaw.com
12
cmajor@erskinelaw.com
13
14
XX
15 Counsel for Defendant,
GENERAL MOTORS LLC, A DELAWARE LIMITED LIABILITY COMPANY
16
17
18 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused
19 the documents to be sent to the persons at the e-mail addresses listed above. I did not
receive, within a reasonable time after the transmission, any electronic message or other
20 indication that the transmission was unsuccessful.
21
I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct.
23 Executed on August 3, 2023 at Los Angeles, California.
24
25
_____________________________
26 Anahi Trujillo
27
28
-1-
PROOF OF SERVICE
Preview
/Deepak Devabose (SBN 298890) (310)552-2250 AmyM@knightlaw.com MA ARMENTA ZAVALA MONTEREY 1200 Aguajito Road Monterey, CA 93940 Monterey Division MA ARMENTA ZAVALA GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al. 23CV001042 August 8, 2023 9:00AM 15 MA ARMENTA ZAVALA April 6, 2023 X 1 MA ARMENTA ZAVALA GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042 Company, et. al. X 02/20/24, 02/26/24, 03/04/24, 03/11/24, 03/18/24, 03/19/24, 03/25/24, 04/02/24, 04/08/24, 04/12/24, 04/15/24, 04/16/24, 04/22/24, 05/06/24, 05/20/24, 05/28/24, 06/03/24, 06/10/24, 06/18/24, 07/08/24, 07/15/24, 07/22/24 5-7 Days *If Defendant refuses to stipulate to the authenticity of the repair orders Plaintiff needs to add 1-2 days of dealership testimony to lay foundation. 2 MA ARMENTA ZAVALA GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042 Company, et. al. 3 MA ARMENTA ZAVALA GENERAL MOTORS LLC, a Delaware Limited Liability 23CV001042 Company, et. al. February 2024 February 2024 4 MA ARMENTA ZAVALA 23CV001042 GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al. August 3, 2023 Deepak Devabose (SBN 298890) 5 MA ARMENTA ZAVALA 23CV001042 v. GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al. The instant matter involves a 2022 Chevrolet TAHOE, VIN: 1GNSKNKT5NR136657. The claims in this lawsuit arise from the warranty contract entered into between Plaintiff(s) and General Motors LLC. Plaintiff(s)' complaint includes the following causes of action: 1. Violation of Song-Beverly Act - Breach of Express Warranty 2. Violation of Song-Beverly Act - Breach of Implied Warranty 6 MA ARMENTA ZAVALA 23CV001042 v. GENERAL MOTORS LLC, a Delaware Limited Liability Company, et. al. Subject Vehicle: 2022 Chevrolet TAHOE, VIN: 1GNSKNKT5NR136657 Manufacturer Defendant: GENERAL MOTORS LLC, a Delaware Limited Liability Company Breach of Express Warranty: Summary of Claim & Damages Manufacturer Defendant entered into an express warranty contract with Plaintiff(s), in which Manufacturer Defendant agreed to repair defects resulting from manufacturing or workmanship in the Subject Vehicle during the prescribed warranty periods. Plaintiff(s) delivered the Subject Vehicle to Defendant’s authorized repair facilities multiple times during the warranty period. Manufacturer Defendant and its authorized repair facilities failed to repair the vehicle after a reasonable number of opportunities to do so. Manufacturer Defendant violated the Song-Beverly Consumer Warranty Act by not promptly repurchasing the vehicle after being given a reasonable number of opportunities to repair the vehicle. As to the breach of express warranty, Plaintiff(s) seek statutory restitution described by Civil Code section 1793(d)(2)(B), incidental and consequential damages, prejudgment interest, reasonable attorney fees and costs of suit, general, and special and actual damages, according to proof at trial. Plaintiff(s) also seek civil penalties in an amount not to exceed two times the actual damages in the case. Breach of Implied Warranty: Summary of Claim & Damages The Subject Vehicle was not merchantable and therefore in violation of the Song Beverly Act’s Implied Warranty of merchantability. Plaintiff(s) revoked acceptance of the Subject Vehicle prior to and at the time of filing of the complaint and therefore seek monetary damages described in Civil Code section 1794, Commercial Code sections 2711 (so much of the price as has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, care, and custody), and 2712 (cover damages), incidental, consequential damages, prejudgment interest, reasonable attorney fees and costs of suit according to proof at trial. 7 1 PROOF OF SERVICE (Code of Civil Procedure §1013a) 2 I am employed in the City of Los Angeles, State of California. I am over the age of 18 3 years and not a party to the within action. My business address is 10250 Constellation Blvd. Suite 4 2500, Los Angeles CA 90067. 5 I served an electronic copy of the following documents described as: 6 CASE MANAGEMENT STATEMENT 7 PLAINTIFF(S)’ NOTICE OF POSTING JURY FEES 8 On the intended parties in this action as follows: 9 Mary Arens McBride, Esq. 10 Cameron Major, Esq. THE ERSKINE LAW GROUP, P.C. 11 eservice-ca@erskinelaw.com marensmcbride@erskinelaw.com 12 cmajor@erskinelaw.com 13 14 XX 15 Counsel for Defendant, GENERAL MOTORS LLC, A DELAWARE LIMITED LIABILITY COMPANY 16 17 18 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused 19 the documents to be sent to the persons at the e-mail addresses listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other 20 indication that the transmission was unsuccessful. 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 Executed on August 3, 2023 at Los Angeles, California. 24 25 _____________________________ 26 Anahi Trujillo 27 28 -1- PROOF OF SERVICE