On October 11, 2023 a
Complaint,Petition
was filed
involving a dispute between
Hernandez, Ronnie,
and
Fca Us Llc,
Stawmit Investments Incorporated,
Victorville Motors, Inc.,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
MFS Legal Inc.
Neal F. Morrow III (SBN 295497) 10/1 1/2023 12:42 PM
gigcinggtgigofwo By: Ragine Mays-Mamudu, DEPUTY
i111:
Tel: (562) 379-2654
Email: lawclerk@calemonlawteam.com (contact)
eservice@calemonlawteam.com (documents)
Attorneys for Plaintiff
RONNIE HERNANDEZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
C'VSBZ325375
RONNIE HERNANDEZ, Case NO;
lO
Plaintiff’
ll
COMPLAINT FOR DAMAGES AND
VS.
INJUNCTIVE RELIEF
12
13
FCA US LLC, a limited liability company; g%¥%%§Té8§3JFD/f$‘§gfiggNTY
VICTORVILLE MOTORS, INC. a ACT BREACH OF EXPRESS
l4 corporation; and DOES 1 through 10, WARRANTY
inclusive , (2) VIOLATION 0F THE SONG-
15 BEVERLY CONSUMER WARRANTY
Defendants.
ACT BREACH OF IMPLIED
l6 WARRANTY
(3) VIOLATION 0F BUSINESS AND
l7 PROFESSIONS CODE § 17200
(4) NEGLIGENT REPAIR
18
l9
20 Plaintiff, RONNIE HERNANDEZ, an individual alleges as follows:
21 1. Plaintiff is an individual residing in the City of PINON HILLS, County 0f SAN
22 BERNARDINO, and State of CALIFORNIA.
23
2. Defendant FCA US LLC is registered t0 do business in the State of CALIFORNIA.
24 3. Defendant VICTORVILLE MOTORS, INC. is and was a business entity, form unknown,
25
doing business in the State of California.
26 4. Plaintiff does not know the true names and capacities, Whether corporate, partnership,
27 associate, individual 0r otherwise 0f Defendants issued herein as Does 1 through 10, inclusive, under
28
the provisions 0f section 474 of the California Code of Civil Procedure. Defendant Does 1 through
PLAINTIFF’S COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
l
10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth
herein, and are legally liable t0 Plaintiff. Plaintiff Will seek leave t0 amend this Complaint t0 set forth
the true names and capacities of the fictitiously named Defendant together with appropriate charging
allegations When ascertained.
5. A11 acts of corporate employees as alleged were authorized or ratified by an officer, director
or managing agent 0f the corporate employer.
6. Each Defendant Whether actually 01' fictitiously named herein, was the principal, agent
(actual 0r ostensible) or employee of each other Defendant and in acting as such principal or Within
the course and scope 0f such employment 0r agency, took some part in the acts and omissions
lO hereinafter set forth by reason 0f Which each Defendant is liable to Plaintiff for the relief prayed for
ll herein.
12 7. On APRIL 02, 2020, Plaintiff acquired a 2020 DODGE RAM 3500, VIN:
13 3C63RRHL7LG109004 ("vehicle").
l4 FIRST CAUSE OF ACTION
15 (VIOLATION OF THE SONG—BEVERLY CONSUMER WARRANTY ACT)
l6 BREACH OF EXPRESS WARRANTIES
l7 AGAINST ALL DEFENDANTS
18 8. Plaintiff incorporates herein by reference each and every allegation contained in the preceding
l9 and succeeding paragraphs as though herein fully restated and realleged.
20 9. Plaintiff is a “buyer” as defined by Cal. CiV. Code § 1791(b).
21 10. The vehicle is a “consumer good” as defined by Cal. CiV. Code § 1791(a).
22 11. Defendant FCA US LLC is a “warrantor” as contemplated by Ca. CiV. Code § 1795.
23 12. Defendant VICTORVILLE MOTORS, INC. is a "manufacturer" and/or "distributor" under
24 the Act.
25 13. Plaintiff” s acquisition 0f the Vehicle was a sale as defined by Cal. CiV. Code §1791(n).
26 14. Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the
27 Vehicle to the express written warranties within a reasonable number of repair attempts or within
28
PLAINTIFF’S COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
2
Document Filed Date
October 11, 2023
Case Filing Date
October 11, 2023
Category
Breach of Contract/Warranty Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT MFS Legal Inc. Neal F. Morrow III (SBN 295497) 10/1 1/2023 12:42 PM gigcinggtgigofwo By: Ragine Mays-Mamudu, DEPUTY i111: Tel: (562) 379-2654 Email: lawclerk@calemonlawteam.com (contact) eservice@calemonlawteam.com (documents) Attorneys for Plaintiff RONNIE HERNANDEZ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO C'VSBZ325375 RONNIE HERNANDEZ, Case NO; lO Plaintiff’ ll COMPLAINT FOR DAMAGES AND VS. INJUNCTIVE RELIEF 12 13 FCA US LLC, a limited liability company; g%¥%%§Té8§3JFD/f$‘§gfiggNTY VICTORVILLE MOTORS, INC. a ACT BREACH OF EXPRESS l4 corporation; and DOES 1 through 10, WARRANTY inclusive , (2) VIOLATION 0F THE SONG- 15 BEVERLY CONSUMER WARRANTY Defendants. ACT BREACH OF IMPLIED l6 WARRANTY (3) VIOLATION 0F BUSINESS AND l7 PROFESSIONS CODE § 17200 (4) NEGLIGENT REPAIR 18 l9 20 Plaintiff, RONNIE HERNANDEZ, an individual alleges as follows: 21 1. Plaintiff is an individual residing in the City of PINON HILLS, County 0f SAN 22 BERNARDINO, and State of CALIFORNIA. 23 2. Defendant FCA US LLC is registered t0 do business in the State of CALIFORNIA. 24 3. Defendant VICTORVILLE MOTORS, INC. is and was a business entity, form unknown, 25 doing business in the State of California. 26 4. Plaintiff does not know the true names and capacities, Whether corporate, partnership, 27 associate, individual 0r otherwise 0f Defendants issued herein as Does 1 through 10, inclusive, under 28 the provisions 0f section 474 of the California Code of Civil Procedure. Defendant Does 1 through PLAINTIFF’S COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF l 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth herein, and are legally liable t0 Plaintiff. Plaintiff Will seek leave t0 amend this Complaint t0 set forth the true names and capacities of the fictitiously named Defendant together with appropriate charging allegations When ascertained. 5. A11 acts of corporate employees as alleged were authorized or ratified by an officer, director or managing agent 0f the corporate employer. 6. Each Defendant Whether actually 01' fictitiously named herein, was the principal, agent (actual 0r ostensible) or employee of each other Defendant and in acting as such principal or Within the course and scope 0f such employment 0r agency, took some part in the acts and omissions lO hereinafter set forth by reason 0f Which each Defendant is liable to Plaintiff for the relief prayed for ll herein. 12 7. On APRIL 02, 2020, Plaintiff acquired a 2020 DODGE RAM 3500, VIN: 13 3C63RRHL7LG109004 ("vehicle"). l4 FIRST CAUSE OF ACTION 15 (VIOLATION OF THE SONG—BEVERLY CONSUMER WARRANTY ACT) l6 BREACH OF EXPRESS WARRANTIES l7 AGAINST ALL DEFENDANTS 18 8. Plaintiff incorporates herein by reference each and every allegation contained in the preceding l9 and succeeding paragraphs as though herein fully restated and realleged. 20 9. Plaintiff is a “buyer” as defined by Cal. CiV. Code § 1791(b). 21 10. The vehicle is a “consumer good” as defined by Cal. CiV. Code § 1791(a). 22 11. Defendant FCA US LLC is a “warrantor” as contemplated by Ca. CiV. Code § 1795. 23 12. Defendant VICTORVILLE MOTORS, INC. is a "manufacturer" and/or "distributor" under 24 the Act. 25 13. Plaintiff” s acquisition 0f the Vehicle was a sale as defined by Cal. CiV. Code §1791(n). 26 14. Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the 27 Vehicle to the express written warranties within a reasonable number of repair attempts or within 28 PLAINTIFF’S COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF 2