Preview
1 Kimberli C. Zazzi (SBN 249638)
Vincent M. Onorio (SBN 117699)
2 LaDawna Fleckenstein (SBN 330538)
LEMON LAW PRO
3 1098 Melody Lane, Building 200
Roseville, CA 95678
4 Telephone: (916) 836-8565
Facsimile: (916) 836-8583
5
Attorneys for Plaintiffs
6 MARYANNA RODERICK and
KYLE RODERICK
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
9
10 MARYANNA RODERICK AND CASE NO.:
KYLE RODERICK,
11 COMPLAINT FOR VIOLATION OF THE
Plaintiffs, SONG-BEVERLY CONSUMER
12 v. WARRANTY ACT
13 FORD MOTOR COMPANY; Unlimited Civil Jurisdiction -
and DOES 1 - 10, Damages Exceed $25,000
14
Defendants. JURY TRIAL DEMANDED
15
16 Plaintiffs MARYANNA RODERICK and KYLE RODERICK (hereafter “Plaintiffs”), by
17 and through their attorneys, hereby allege the following upon information and belief:
18 GENERAL ALLEGATIONS
19 1. Plaintiffs are natural persons residing in Millbrae, California.
20 2. Plaintiffs are a “buyer” as defined in Civil Code §2981(c) and §1791(b).
21 3. FORD MOTOR COMPANY (hereafter “Defendant” or “FORD”) is and was a
22 corporation and registered to do business in the State of California and doing business in the
23 County of SAN MATEO.
24 4. Defendant FORD MOTOR COMPANY is a “manufacturer” and/or “distributor”
25 under the Act.
26 5. Defendants DOES 1-10 inclusive are sued herein pursuant to California Code of
27 Civil Procedure §474. The true names, capacities and nature and extent of participation in the
28 alleged activities complained of herein by DOES 1-10, inclusive, are currently unknown to
_____________________________________________________________________________________________
Complaint for Violation of the Song-Beverly Consumer Warranty Act
1
1 Plaintiffs. Therefore, Plaintiffs sue these defendants by such fictitious names and will amend the
2 Complaint to allege their true names and capacities when ascertained.
3 6. On or about May 3, 2022, Plaintiffs purchased a brand new 2022 Ford Explorer,
4 VIN: 1FMSK8DH8NGB27400 (hereinafter “vehicle”) at BWNVT Motors, LLC located in
5 Colma, California. The subject vehicle is a new motor vehicle that was purchased primarily for
6 personal, family, or household purposes or it is a new motor vehicle with a gross vehicle weight
7 under 10,000 pounds that was purchased or used primarily for business purposes by an entity to
8 which not more than five motor vehicles are registered in this state. The subject vehicle is a “new
9 motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code §§1790 et seq. (the
10 “Act”).
11 7. Defendant FORD MOTOR COMPANY issued an “express warranty” to
12 Plaintiffs pursuant to the Act.
13 8. The sale of the subject vehicle was also accompanied by an implied warranty
14 which represented that the vehicle was merchantable. The sale was also accompanied by
15 Defendant’s implied warranty of fitness.
16 9. The subject vehicle has suffered from serious defects and nonconformities to
17 warranty, including, but not limited to, recurrent problems with the vehicles transmission
18 resulting in harsh shifting and shuddering and infotainment issues where the system remains
19 active and does not completely turn off the vehicle.
20 10. The aforementioned nonconformities and defects manifested themselves within
21 the applicable express warranty period. Said nonconformities have substantially impaired the
22 vehicle’s use, value, or safety to Plaintiffs.
23 11. From the time of purchase until the present, the vehicle has suffered ongoing
24 problems including but not limited to the following:
25 ///
26 ///
27 ///
28 ///
_____________________________________________________________________________________________
Complaint for Violation of the Song-Beverly Consumer Warranty Act
2
1 Problems Date Odo. Days RO #
Transmission – 1st Repair Attempt – 5/1/2023 21482 51 331408
2 Customer states excessive shuddering harsh - Serramonte
engagment. Happens duringacceleration. 6/23/2023 Ford
3 Please check and advise
4 Cause – Performed diagnoses as requested
and found the following results:
5 Confirmed customer concern tech checked
for codes, no codes related to this concern,
6 checked for TSBS and found TSB 22-2428
checked for any updates and found none.
7 Next step is to is to check for codes found
none. Next step is to perform accelerated
8 break in for clutched A,C,D. 3 times each.
Tech performed an adaptive drive cycle and
9 found vehicle still having concern. Next
step is to overhaul main control valve body.
10
Transmission - 2nd Repair Attempt – 6/6/2023 23584 15 333282
11 Customer states transmission still - Serramonte
experiencing harsh downshifting and 6/20/2023 Ford
12 shuddering. Please check and advise
13 Cause – Confirmed customer concern.
Accelerated break in had already been
14 performed is previous RO next step is to
over haul main control valve body.
15 Removed pan and removed main control
valve body. During pan removal tech found
16 a lot of metal in pan, next tech air checked
transmission and found clutch A, C, D, F, E
17 leaking. Tech recommends a transmission
tear down for further diagnosis. Vehicle is
18 under ltis next step is to install new
transmission.
19 Perform transmission removal and
installation. Disconnect the battery, raise
20 the vehicle, remove the bolts and the
underbody protection. Remove screws and
21 bolts and set the transmission fluid cooler
aside. Set the manual park release cable
22 aside. Disconnect the manual control lever
rod. Remove and discard the screws from
23 the cable assembly. Remove the catalytic
converter, remove the starter, remove and
24 discard the torque converter nuts.
Disconnect the breather tube from the
25 transmission. Remove the bracket nuts.
Remove the bracket and the catalytic
26 converter. Remove and discard the bolts
holding the driveshaft flexible coupling to
27 the drive flange. Disconnect the
transmission electrical connector. Remove
28 the hold bolts. Slide the transmission back
_____________________________________________________________________________________________
Complaint for Violation of the Song-Beverly Consumer Warranty Act
3
1 enough to install the special tool and remove
the transmission from the vehicle. Use
2 Special Service Tool: 307-346 (T97T-
7902A) holding plate, torque converter.
3 Flushed transmission cooler lines with ULV
fluid before installing new transmission
4 **** Reassemble vehicle in reverse
procedure. Updated trans strategy and id,
5 cleared transmission adaptive learning.
Cleared call DTCS, and topped off fluid to
6 spec, road tested vehicle and shifts
normally. At this time, the concern is no
7 longer present after the repair.
8 Infotainment – 1st Repair Attempt – 6/12/2023 23813 30 333637
Customer states when turning vehicle off - Serramonte
9 and locking it touch sceen at time will stay 7/11/2023 Ford
lit. Does not always turn off. Please chekc
10 and advise
11 Cause – Could not confirm customer
concern. Tech checked for codes not codes
12 found related to this concern. Tech
attempted to verify customer concern, even
13 left vehicle overnight to attempt to verify.
Tech recommends to have customer bring
14 vehicle back when concern is present
15 Infotainment - 2nd Repair Attempt – 7/21/2023 25680 1 335462
Customer states media/navigation/audio Serramonte
16 screen stays illuminated does not turn off Ford
when just exits vehicle and locks. Screen
17 remains on. Fordpass code U0155lost
communication with instrument panel
18 cluster (ipc) control module and touch
screen is operative. Please check and advise
19
Cause – Checked and verified the concern.
20 Checked oasis no technical service bulletin
and special service message. Scanned for
21 DTC ABS U0155:00:6D lost
communication with instrument panel
22 cluster. Pinpoint test M: the display unit
(touchscreen) is inoperative or does not
23 operate correctly. Direct point test FDRS
guided routine diagnosis. Doing diagnosis
24 to perform APIM software update. After
couple tried fail to update APIM with
25 different FDRS. Recommend to replace
APIM
26 Removed trim panel and instrument panel
center trim panel. Replaced sync module
27 (APIM). Programmed APIM- sync module
replacement complete successful. Cleared
28 DTC, checked the concern operate properly.
_____________________________________________________________________________________________
Complaint for Violation of the Song-Beverly Consumer Warranty Act
4
1 Infotainment – 3rd Repair Attempt – 8/1/2023 26329 50 336516
Customer states when exiting vehicle and - Serramonte
2 locking doors vehicle not powering down on 9/19/2023 Ford
screen. Screen stays on or lite up. Please
3 check and advise
4 Cause – Checked and verified the concern.
Checked oasis no technical bulletin but
5 special service message 51845 relate to
DTC BCM B1533:08:0A. Scanned for
6 DTC, ABS U0155:00:6D. BCM
B1533:08:0A. Recommend to perform
7 SSM 51845 to replace headlamp switch.
Replaced headlamp switch and cleared
8 DTC, checked the concern operate properly.
9 12. Plaintiffs have delivered the vehicle to FORD or its authorized repair facility(s)
10 for repairs of said defects and nonconformities. Defendant has been unable and/or refused to
11 conform Plaintiffs’ vehicle to the applicable express and implied warranties under the Act after a
12 reasonable number of repair attempts; to begin repairs within a reasonable time; and/or to
13 complete repairs within thirty (30) days.
14 13. Defendant breached the implied warranty of merchantability and implied
15 warranty of fitness in that the subject vehicle was not fit for the ordinary purposes for which such
16 goods are used and was not of the same quality as those generally acceptable in trade. Therefore,
17 the Plaintiffs are entitled to revoke acceptance of the subject vehicle under the Act.
18 14. Notwithstanding knowledge of Plaintiffs’ entitlement, Defendant intentionally
19 failed to comply with its obligations under the Act to repurchase the vehicle and make
20 restitution.
21 15. By failure of Defendant to comply with its obligations under the Act to
22 repurchase the vehicle and make restitution, Defendant is in breach of its obligations under the
23 Act.
24 16. Plaintiffs are entitled to justifiably revoke acceptance of the aforementioned
25 vehicle under the Act.
26 ///
27 ///
28 ///
_____________________________________________________________________________________________
Complaint for Violation of the Song-Beverly Consumer Warranty Act
5
Preview
1 Kimberli C. Zazzi (SBN 249638) Vincent M. Onorio (SBN 117699) 2 LaDawna Fleckenstein (SBN 330538) LEMON LAW PRO 3 1098 Melody Lane, Building 200 Roseville, CA 95678 4 Telephone: (916) 836-8565 Facsimile: (916) 836-8583 5 Attorneys for Plaintiffs 6 MARYANNA RODERICK and KYLE RODERICK 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 9 10 MARYANNA RODERICK AND CASE NO.: KYLE RODERICK, 11 COMPLAINT FOR VIOLATION OF THE Plaintiffs, SONG-BEVERLY CONSUMER 12 v. WARRANTY ACT 13 FORD MOTOR COMPANY; Unlimited Civil Jurisdiction - and DOES 1 - 10, Damages Exceed $25,000 14 Defendants. JURY TRIAL DEMANDED 15 16 Plaintiffs MARYANNA RODERICK and KYLE RODERICK (hereafter “Plaintiffs”), by 17 and through their attorneys, hereby allege the following upon information and belief: 18 GENERAL ALLEGATIONS 19 1. Plaintiffs are natural persons residing in Millbrae, California. 20 2. Plaintiffs are a “buyer” as defined in Civil Code §2981(c) and §1791(b). 21 3. FORD MOTOR COMPANY (hereafter “Defendant” or “FORD”) is and was a 22 corporation and registered to do business in the State of California and doing business in the 23 County of SAN MATEO. 24 4. Defendant FORD MOTOR COMPANY is a “manufacturer” and/or “distributor” 25 under the Act. 26 5. Defendants DOES 1-10 inclusive are sued herein pursuant to California Code of 27 Civil Procedure §474. The true names, capacities and nature and extent of participation in the 28 alleged activities complained of herein by DOES 1-10, inclusive, are currently unknown to _____________________________________________________________________________________________ Complaint for Violation of the Song-Beverly Consumer Warranty Act 1 1 Plaintiffs. Therefore, Plaintiffs sue these defendants by such fictitious names and will amend the 2 Complaint to allege their true names and capacities when ascertained. 3 6. On or about May 3, 2022, Plaintiffs purchased a brand new 2022 Ford Explorer, 4 VIN: 1FMSK8DH8NGB27400 (hereinafter “vehicle”) at BWNVT Motors, LLC located in 5 Colma, California. The subject vehicle is a new motor vehicle that was purchased primarily for 6 personal, family, or household purposes or it is a new motor vehicle with a gross vehicle weight 7 under 10,000 pounds that was purchased or used primarily for business purposes by an entity to 8 which not more than five motor vehicles are registered in this state. The subject vehicle is a “new 9 motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code §§1790 et seq. (the 10 “Act”). 11 7. Defendant FORD MOTOR COMPANY issued an “express warranty” to 12 Plaintiffs pursuant to the Act. 13 8. The sale of the subject vehicle was also accompanied by an implied warranty 14 which represented that the vehicle was merchantable. The sale was also accompanied by 15 Defendant’s implied warranty of fitness. 16 9. The subject vehicle has suffered from serious defects and nonconformities to 17 warranty, including, but not limited to, recurrent problems with the vehicles transmission 18 resulting in harsh shifting and shuddering and infotainment issues where the system remains 19 active and does not completely turn off the vehicle. 20 10. The aforementioned nonconformities and defects manifested themselves within 21 the applicable express warranty period. Said nonconformities have substantially impaired the 22 vehicle’s use, value, or safety to Plaintiffs. 23 11. From the time of purchase until the present, the vehicle has suffered ongoing 24 problems including but not limited to the following: 25 /// 26 /// 27 /// 28 /// _____________________________________________________________________________________________ Complaint for Violation of the Song-Beverly Consumer Warranty Act 2 1 Problems Date Odo. Days RO # Transmission – 1st Repair Attempt – 5/1/2023 21482 51 331408 2 Customer states excessive shuddering harsh - Serramonte engagment. Happens duringacceleration. 6/23/2023 Ford 3 Please check and advise 4 Cause – Performed diagnoses as requested and found the following results: 5 Confirmed customer concern tech checked for codes, no codes related to this concern, 6 checked for TSBS and found TSB 22-2428 checked for any updates and found none. 7 Next step is to is to check for codes found none. Next step is to perform accelerated 8 break in for clutched A,C,D. 3 times each. Tech performed an adaptive drive cycle and 9 found vehicle still having concern. Next step is to overhaul main control valve body. 10 Transmission - 2nd Repair Attempt – 6/6/2023 23584 15 333282 11 Customer states transmission still - Serramonte experiencing harsh downshifting and 6/20/2023 Ford 12 shuddering. Please check and advise 13 Cause – Confirmed customer concern. Accelerated break in had already been 14 performed is previous RO next step is to over haul main control valve body. 15 Removed pan and removed main control valve body. During pan removal tech found 16 a lot of metal in pan, next tech air checked transmission and found clutch A, C, D, F, E 17 leaking. Tech recommends a transmission tear down for further diagnosis. Vehicle is 18 under ltis next step is to install new transmission. 19 Perform transmission removal and installation. Disconnect the battery, raise 20 the vehicle, remove the bolts and the underbody protection. Remove screws and 21 bolts and set the transmission fluid cooler aside. Set the manual park release cable 22 aside. Disconnect the manual control lever rod. Remove and discard the screws from 23 the cable assembly. Remove the catalytic converter, remove the starter, remove and 24 discard the torque converter nuts. Disconnect the breather tube from the 25 transmission. Remove the bracket nuts. Remove the bracket and the catalytic 26 converter. Remove and discard the bolts holding the driveshaft flexible coupling to 27 the drive flange. Disconnect the transmission electrical connector. Remove 28 the hold bolts. Slide the transmission back _____________________________________________________________________________________________ Complaint for Violation of the Song-Beverly Consumer Warranty Act 3 1 enough to install the special tool and remove the transmission from the vehicle. Use 2 Special Service Tool: 307-346 (T97T- 7902A) holding plate, torque converter. 3 Flushed transmission cooler lines with ULV fluid before installing new transmission 4 **** Reassemble vehicle in reverse procedure. Updated trans strategy and id, 5 cleared transmission adaptive learning. Cleared call DTCS, and topped off fluid to 6 spec, road tested vehicle and shifts normally. At this time, the concern is no 7 longer present after the repair. 8 Infotainment – 1st Repair Attempt – 6/12/2023 23813 30 333637 Customer states when turning vehicle off - Serramonte 9 and locking it touch sceen at time will stay 7/11/2023 Ford lit. Does not always turn off. Please chekc 10 and advise 11 Cause – Could not confirm customer concern. Tech checked for codes not codes 12 found related to this concern. Tech attempted to verify customer concern, even 13 left vehicle overnight to attempt to verify. Tech recommends to have customer bring 14 vehicle back when concern is present 15 Infotainment - 2nd Repair Attempt – 7/21/2023 25680 1 335462 Customer states media/navigation/audio Serramonte 16 screen stays illuminated does not turn off Ford when just exits vehicle and locks. Screen 17 remains on. Fordpass code U0155lost communication with instrument panel 18 cluster (ipc) control module and touch screen is operative. Please check and advise 19 Cause – Checked and verified the concern. 20 Checked oasis no technical service bulletin and special service message. Scanned for 21 DTC ABS U0155:00:6D lost communication with instrument panel 22 cluster. Pinpoint test M: the display unit (touchscreen) is inoperative or does not 23 operate correctly. Direct point test FDRS guided routine diagnosis. Doing diagnosis 24 to perform APIM software update. After couple tried fail to update APIM with 25 different FDRS. Recommend to replace APIM 26 Removed trim panel and instrument panel center trim panel. Replaced sync module 27 (APIM). Programmed APIM- sync module replacement complete successful. Cleared 28 DTC, checked the concern operate properly. _____________________________________________________________________________________________ Complaint for Violation of the Song-Beverly Consumer Warranty Act 4 1 Infotainment – 3rd Repair Attempt – 8/1/2023 26329 50 336516 Customer states when exiting vehicle and - Serramonte 2 locking doors vehicle not powering down on 9/19/2023 Ford screen. Screen stays on or lite up. Please 3 check and advise 4 Cause – Checked and verified the concern. Checked oasis no technical bulletin but 5 special service message 51845 relate to DTC BCM B1533:08:0A. Scanned for 6 DTC, ABS U0155:00:6D. BCM B1533:08:0A. Recommend to perform 7 SSM 51845 to replace headlamp switch. Replaced headlamp switch and cleared 8 DTC, checked the concern operate properly. 9 12. Plaintiffs have delivered the vehicle to FORD or its authorized repair facility(s) 10 for repairs of said defects and nonconformities. Defendant has been unable and/or refused to 11 conform Plaintiffs’ vehicle to the applicable express and implied warranties under the Act after a 12 reasonable number of repair attempts; to begin repairs within a reasonable time; and/or to 13 complete repairs within thirty (30) days. 14 13. Defendant breached the implied warranty of merchantability and implied 15 warranty of fitness in that the subject vehicle was not fit for the ordinary purposes for which such 16 goods are used and was not of the same quality as those generally acceptable in trade. Therefore, 17 the Plaintiffs are entitled to revoke acceptance of the subject vehicle under the Act. 18 14. Notwithstanding knowledge of Plaintiffs’ entitlement, Defendant intentionally 19 failed to comply with its obligations under the Act to repurchase the vehicle and make 20 restitution. 21 15. By failure of Defendant to comply with its obligations under the Act to 22 repurchase the vehicle and make restitution, Defendant is in breach of its obligations under the 23 Act. 24 16. Plaintiffs are entitled to justifiably revoke acceptance of the aforementioned 25 vehicle under the Act. 26 /// 27 /// 28 /// _____________________________________________________________________________________________ Complaint for Violation of the Song-Beverly Consumer Warranty Act 5