Preview
CALIFORNIA CONSUMER ATTORNEYS, P.C.
1
Michael H. Rosenstein (SBN 169091)
2 mhr@calattorneys.com
Sepehr Daghighian (SBN 239349)
3 sd@calattorneys.com
Brian T. Shippen-Murray (SBN 288188)
4
btm@calattorneys.com
5 10866 Wilshire Blvd, Suite 1200
Los Angeles, CA 90024
6 Telephone: (310) 872-2600
7 Facsimile: (310) 730-7377
Attorneys for Plaintiff,
8 JARED BROCK
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF RIVERSIDE
11
JARED BROCK, an individual, Case No.: ____________________
12 Unlimited Jurisdiction
Plaintiff,
13
COMPLAINT
14 vs.
1. VIOLATION OF SONG-BEVERLY
15 AMERICAN HONDA MOTOR CO., INC., a ACT - BREACH OF EXPRESS
California Corporation, and DOES 1 through 10, WARRANTY
16
inclusive, 2. VIOLATION OF SONG-BEVERLY
17 ACT - BREACH OF IMPLIED
WARRANTY
18 Defendants. 3. VIOLATION OF THE SONG-
BEVERLY ACT SECTION 1793.2(b)
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27
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-1-
COMPLAINT
1 Plaintiff, JARED BROCK, an individual, alleges as follows against Defendants
2 AMERICAN HONDA MOTOR CO., INC., a California Corporation (“American Honda Motor Co.,
3 Inc.”), and DOES 1 through 10 inclusive, on information and belief, formed after a reasonable
4 inquiry under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff, Jared Brock, hereby demands trial by jury in this action.
7 GENERAL ALLEGATIONS
8 2. Plaintiff, Jared Brock, is an individual residing in the City of Indio, State of
9 California.
10 3. Defendant American Honda Motor Co., Inc. is and was a California Corporation
11 operating and doing business in the State of California.
12 4. These causes of action arise out of the warranty obligations of American Honda
13 Motor Co., Inc. in connection with a vehicle purchased by Plaintiff and for which American Honda
14 Motor Co., Inc. issued a written warranty.
15 5. Plaintiff does not know the true names and capacities, whether corporate, partnership,
16 associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under
17 the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through
18 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth
19 herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this Complaint to set
20 forth the true names and capacities of the fictitiously named Defendant, together with appropriate
21 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 or
26 within the course and scope of such employment or agency, took some part in the acts and omissions
27 hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief prayed for
28 herein.
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COMPLAINT
1 8. On September 14, 2021, Plaintiff purchased a used 2019 Honda CR-V, having VIN
2 No. 2HKRW5H38KH419642 (“the Subject Vehicle”). Express warranties accompanied the sale of
3 the Subject Vehicle to Plaintiff by which American Honda Motor Co., Inc. undertook to preserve or
4 maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was a
5 failure in such utility or performance.
6 9. The Subject Vehicle was delivered to Plaintiff with serious defects and
7 nonconformities to warranty and developed other serious defects and nonconformities to warranty
8 including, but not limited to, the powertrain system defects, engine defects, braking system defects,
9 recalls, and other serious nonconformities to warranty.
10 10. Plaintiff hereby revokes acceptance of the sales contract.
11 11. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
12 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
13 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
14 12. Plaintiff is a “buyer” of consumer goods under the Act.
15 13. Defendant American Honda Motor Co., Inc. is a “manufacturer” and/or “distributor”
16 under the Act.
17 14. To the extent that one or more class action lawsuits have been filed or are filed with
18 respect to the nonconformities affecting Plaintiff’s vehicle, without conceding the necessity of
19 supplying such notice, Plaintiff hereby provides notice to Defendant and/or Defendant’s agents of
20 Plaintiff’s intent to opt-out and be excluded from the settlement class of said class action lawsuit(s).
21 15. Plaintiff hereby demands trial by jury in this action.
22 FIRST CAUSE OF ACTION
23 Violation of the Song-Beverly Act – Breach of Express Warranty
24 16. Plaintiff incorporates herein by reference each and every allegation contained in the
25 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
26 17. Express warranties accompanied the sale of the vehicle to Plaintiff by which
27 American Honda Motor Co., Inc. undertook to preserve or maintain the utility or performance of
28 Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or performance.
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COMPLAINT
1 18. The Subject Vehicle was delivered to Plaintiff with serious defects and
2 nonconformities to warranty and developed other serious defects and nonconformities to warranty
3 including, but not limited to, powertrain system defects, engine defects, braking system defects,
4 recalls, and other serious nonconformities to warranty.
5 19. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
6 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
7 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
8 20. Plaintiff is the “buyer” of consumer goods under the Act.
9 21. Defendant American Honda Motor Co., Inc. is a “manufacturer” and/or “distributor”
10 under the Act.
11 22. The foregoing defects and nonconformities to warranty manifested themselves in the
12 Subject Vehicle within the applicable express warranty period. The nonconformities substantially
13 impair the use, value and/or safety of the vehicle.
14 23. Plaintiff delivered the vehicle to an authorized American Honda Motor Co., Inc.
15 repair facility for repair of the nonconformities.
16 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express after a
17 reasonable number of repair attempts.
18 25. Notwithstanding Plaintiff’s entitlement, Defendant American Honda Motor Co., Inc.
19 has failed to either promptly replace the new motor vehicle or to promptly make restitution in
20 accordance with the 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 ///
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COMPLAINT
1 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
2 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, Plaintiff is entitled in
5 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
6 for American Honda Motor Co., Inc.’s willful failure to comply with its responsibilities under the
7 Act.
8 SECOND CAUSE OF ACTION
9 Violation of the Song-Beverly Act – Breach of Implied Warranty
10 31. Plaintiff incorporates herein by reference each and every allegation contained in the
11 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
12 32. American Honda Motor Co., Inc. and its authorized dealership at which Plaintiff
13 purchased the Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of
14 sale of the Subject Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties
15 provided for under the law.
16 33. Among other warranties, the sale of the Subject Vehicle was accompanied by an
17 implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792.
18 34. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
19 used because it was equipped with one or more defective vehicle systems/components.
20 35. The Subject Vehicle did not measure up to the promises or facts stated on the
21 container or label because it was equipped with one or more defective vehicle systems/components.
22 36. The Subject Vehicle was not of the same quality as those generally acceptable in the
23 trade because it was sold with one or more defective vehicle systems/components which manifest as
24 powertrain system defects, engine defects, braking system defects, recalls, and other serious
25 nonconformities to warranty.
26 ///
27 ///
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COMPLAINT
1 37. Upon information and belief, the defective vehicle systems and components were
2 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
3 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
4 applicable laws.
5 38. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
6 Code, section 1794, et seq;
7 39. Plaintiff hereby revokes acceptance of the Subject Vehicle.
8 40. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
9 1794, et seq.
10 41. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
11 et seq. and Commercial Code, section 2711.
12 42. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
13 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
14 THIRD CAUSE OF ACTION
15 Violation of the Song-Beverly Act Section 1793.2(b)
16 43. Plaintiff incorporates herein by reference each and every allegation contained in the
17 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
18 44. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
19 consumer goods in California, for which it has made an express warranty, shall maintain service and
20 repair facilities or designate and authorize independent service and repair facilities to carry out the
21 terms of those warranties.
22 45. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
23 goods is necessary because they do not conform with the applicable express warranties, service and
24 repair shall be commenced within a reasonable time by the manufacturer or its representative.
25 46. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
26 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
27 time.
28 ///
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COMPLAINT
1 47. The sale of the Subject Vehicle was accompanied by express warranties, including a
2 warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective
3 parts, including the electrical system.
4 48. Plaintiff delivered the Subject Vehicle to American Honda Motor Co., Inc.’s
5 authorized service representatives on multiple occasions. The Subject Vehicle was delivered for
6 repairs of defects, which amount to a nonconformities to the express warranties that accompanied
7 the sale of the Subject Vehicle.
8 49. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
9 within 30-days and/or commence repairs within a reasonable time and American Honda Motor Co.,
10 Inc. has failed to tender the Subject Vehicle back to Plaintiff in conformance with its warranties
11 within the timeframes set forth in Civil Code section 1793.2(b).
12 50. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
13 Code, section 1794, et seq;
14 51. Plaintiff hereby revokes acceptance of the Subject Vehicle.
15 52. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
16 1794, et seq.
17 53. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
18 et seq. and Commercial Code, section 2711.
19 54. Plaintiff is entitled to recover any “cover” damages under Commercial Code sections
20 2711, 2712, and Civil Code, section 1794, et seq.
21 55. Plaintiff is entitled to recover all incidental and consequential damages pursuant to
22 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
23 56. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
24 times the amount of actual damages in that American Honda Motor Co., Inc. has willfully failed to
25 comply with its responsibilities under the Act.
26 ///
27 ///
28 ///
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COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff prays for judgment against Defendants, 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 and expenses of suit; and
10 8. For such other and further relief as the Court deems just and proper under the
11 circumstances.
12
Dated: July 24, 2023 CALIFORNIA CONSUMER ATTORNEYS, P.C.
13
14 ___________________________
Michael H. Rosenstein
15 Sepehr Daghighian
16 Brian T. Shippen-Murray
Attorneys for Plaintiff,
17 JARED BROCK
18
Plaintiff, JARED BROCK, hereby demands trial by 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 Brian T. Shippen-Murray (SBN 288188) 4 btm@calattorneys.com 5 10866 Wilshire Blvd, Suite 1200 Los Angeles, CA 90024 6 Telephone: (310) 872-2600 7 Facsimile: (310) 730-7377 Attorneys for Plaintiff, 8 JARED BROCK 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF RIVERSIDE 11 JARED BROCK, an individual, Case No.: ____________________ 12 Unlimited Jurisdiction Plaintiff, 13 COMPLAINT 14 vs. 1. VIOLATION OF SONG-BEVERLY 15 AMERICAN HONDA MOTOR CO., INC., a ACT - BREACH OF EXPRESS California Corporation, and DOES 1 through 10, WARRANTY 16 inclusive, 2. VIOLATION OF SONG-BEVERLY 17 ACT - BREACH OF IMPLIED WARRANTY 18 Defendants. 3. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.2(b) 19 20 21 22 23 24 25 26 27 28 -1- COMPLAINT 1 Plaintiff, JARED BROCK, an individual, alleges as follows against Defendants 2 AMERICAN HONDA MOTOR CO., INC., a California Corporation (“American Honda Motor Co., 3 Inc.”), and DOES 1 through 10 inclusive, on information and belief, formed after a reasonable 4 inquiry under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff, Jared Brock, hereby demands trial by jury in this action. 7 GENERAL ALLEGATIONS 8 2. Plaintiff, Jared Brock, is an individual residing in the City of Indio, State of 9 California. 10 3. Defendant American Honda Motor Co., Inc. is and was a California Corporation 11 operating and doing business in the State of California. 12 4. These causes of action arise out of the warranty obligations of American Honda 13 Motor Co., Inc. in connection with a vehicle purchased by Plaintiff and for which American Honda 14 Motor Co., Inc. issued a written warranty. 15 5. Plaintiff does not know the true names and capacities, whether corporate, partnership, 16 associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under 17 the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through 18 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth 19 herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this Complaint to set 20 forth the true names and capacities of the fictitiously named Defendant, together with appropriate 21 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 or 26 within the course and scope of such employment or agency, took some part in the acts and omissions 27 hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief prayed for 28 herein. -2- COMPLAINT 1 8. On September 14, 2021, Plaintiff purchased a used 2019 Honda CR-V, having VIN 2 No. 2HKRW5H38KH419642 (“the Subject Vehicle”). Express warranties accompanied the sale of 3 the Subject Vehicle to Plaintiff by which American Honda Motor Co., Inc. undertook to preserve or 4 maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was a 5 failure in such utility or performance. 6 9. The Subject Vehicle was delivered to Plaintiff with serious defects and 7 nonconformities to warranty and developed other serious defects and nonconformities to warranty 8 including, but not limited to, the powertrain system defects, engine defects, braking system defects, 9 recalls, and other serious nonconformities to warranty. 10 10. Plaintiff hereby revokes acceptance of the sales contract. 11 11. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil 12 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for 13 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes. 14 12. Plaintiff is a “buyer” of consumer goods under the Act. 15 13. Defendant American Honda Motor Co., Inc. is a “manufacturer” and/or “distributor” 16 under the Act. 17 14. To the extent that one or more class action lawsuits have been filed or are filed with 18 respect to the nonconformities affecting Plaintiff’s vehicle, without conceding the necessity of 19 supplying such notice, Plaintiff hereby provides notice to Defendant and/or Defendant’s agents of 20 Plaintiff’s intent to opt-out and be excluded from the settlement class of said class action lawsuit(s). 21 15. Plaintiff hereby demands trial by jury in this action. 22 FIRST CAUSE OF ACTION 23 Violation of the Song-Beverly Act – Breach of Express Warranty 24 16. Plaintiff incorporates herein by reference each and every allegation contained in the 25 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 26 17. Express warranties accompanied the sale of the vehicle to Plaintiff by which 27 American Honda Motor Co., Inc. undertook to preserve or maintain the utility or performance of 28 Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or performance. -3- COMPLAINT 1 18. The Subject Vehicle was delivered to Plaintiff with serious defects and 2 nonconformities to warranty and developed other serious defects and nonconformities to warranty 3 including, but not limited to, powertrain system defects, engine defects, braking system defects, 4 recalls, and other serious nonconformities to warranty. 5 19. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil 6 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or 7 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes. 8 20. Plaintiff is the “buyer” of consumer goods under the Act. 9 21. Defendant American Honda Motor Co., Inc. is a “manufacturer” and/or “distributor” 10 under the Act. 11 22. The foregoing defects and nonconformities to warranty manifested themselves in the 12 Subject Vehicle within the applicable express warranty period. The nonconformities substantially 13 impair the use, value and/or safety of the vehicle. 14 23. Plaintiff delivered the vehicle to an authorized American Honda Motor Co., Inc. 15 repair facility for repair of the nonconformities. 16 24. Defendant was unable to conform Plaintiff’s vehicle to the applicable express after a 17 reasonable number of repair attempts. 18 25. Notwithstanding Plaintiff’s entitlement, Defendant American Honda Motor Co., Inc. 19 has failed to either promptly replace the new motor vehicle or to promptly make restitution in 20 accordance with the 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 /// -4- COMPLAINT 1 29. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a 2 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, Plaintiff is entitled in 5 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages 6 for American Honda Motor Co., Inc.’s willful failure to comply with its responsibilities under the 7 Act. 8 SECOND CAUSE OF ACTION 9 Violation of the Song-Beverly Act – Breach of Implied Warranty 10 31. Plaintiff incorporates herein by reference each and every allegation contained in the 11 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 12 32. American Honda Motor Co., Inc. and its authorized dealership at which Plaintiff 13 purchased the Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of 14 sale of the Subject Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties 15 provided for under the law. 16 33. Among other warranties, the sale of the Subject Vehicle was accompanied by an 17 implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792. 18 34. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 19 used because it was equipped with one or more defective vehicle systems/components. 20 35. The Subject Vehicle did not measure up to the promises or facts stated on the 21 container or label because it was equipped with one or more defective vehicle systems/components. 22 36. The Subject Vehicle was not of the same quality as those generally acceptable in the 23 trade because it was sold with one or more defective vehicle systems/components which manifest as 24 powertrain system defects, engine defects, braking system defects, recalls, and other serious 25 nonconformities to warranty. 26 /// 27 /// 28 /// -5- COMPLAINT 1 37. Upon information and belief, the defective vehicle systems and components were 2 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied 3 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 4 applicable laws. 5 38. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil 6 Code, section 1794, et seq; 7 39. Plaintiff hereby revokes acceptance of the Subject Vehicle. 8 40. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 9 1794, et seq. 10 41. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794, 11 et seq. and Commercial Code, section 2711. 12 42. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages 13 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 14 THIRD CAUSE OF ACTION 15 Violation of the Song-Beverly Act Section 1793.2(b) 16 43. Plaintiff incorporates herein by reference each and every allegation contained in the 17 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 18 44. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 19 consumer goods in California, for which it has made an express warranty, shall maintain service and 20 repair facilities or designate and authorize independent service and repair facilities to carry out the 21 terms of those warranties. 22 45. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 23 goods is necessary because they do not conform with the applicable express warranties, service and 24 repair shall be commenced within a reasonable time by the manufacturer or its representative. 25 46. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced 26 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 27 time. 28 /// -6- COMPLAINT 1 47. The sale of the Subject Vehicle was accompanied by express warranties, including a 2 warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective 3 parts, including the electrical system. 4 48. Plaintiff delivered the Subject Vehicle to American Honda Motor Co., Inc.’s 5 authorized service representatives on multiple occasions. The Subject Vehicle was delivered for 6 repairs of defects, which amount to a nonconformities to the express warranties that accompanied 7 the sale of the Subject Vehicle. 8 49. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 9 within 30-days and/or commence repairs within a reasonable time and American Honda Motor Co., 10 Inc. has failed to tender the Subject Vehicle back to Plaintiff in conformance with its warranties 11 within the timeframes set forth in Civil Code section 1793.2(b). 12 50. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil 13 Code, section 1794, et seq; 14 51. Plaintiff hereby revokes acceptance of the Subject Vehicle. 15 52. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 16 1794, et seq. 17 53. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794, 18 et seq. and Commercial Code, section 2711. 19 54. Plaintiff is entitled to recover any “cover” damages under Commercial Code sections 20 2711, 2712, and Civil Code, section 1794, et seq. 21 55. Plaintiff is entitled to recover all incidental and consequential damages pursuant to 22 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 23 56. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two 24 times the amount of actual damages in that American Honda Motor Co., Inc. has willfully failed to 25 comply with its responsibilities under the Act. 26 /// 27 /// 28 /// -7- COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff prays for judgment against Defendants, 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 and expenses of suit; and 10 8. For such other and further relief as the Court deems just and proper under the 11 circumstances. 12 Dated: July 24, 2023 CALIFORNIA CONSUMER ATTORNEYS, P.C. 13 14 ___________________________ Michael H. Rosenstein 15 Sepehr Daghighian 16 Brian T. Shippen-Murray Attorneys for Plaintiff, 17 JARED BROCK 18 Plaintiff, JARED BROCK, hereby demands trial by jury in this action. 19 20 21 22 23 24 25 26 27 28 -8- COMPLAINT