On December 30, 2022 a
Complaint,Petition
was filed
involving a dispute between
De La Rosa Davila, Lucia,
Rodriguez, Manuel,
and
Does 1-10,
General Motors,
General Motors, Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
F LE
l D
SUPERIOR COURT OF CALIFORNIA
Tionna Dolin (SBN 2990 10) COUNTY OF SAN BERNARDINO
e-mail: idolin(q.és]patt0rney.com SAN BERNARDWO DISTRICT
(emailscrvicesavslputtorncv.com)
Sanam Vaziri ('SBN 177384)
DEC 3 O 2022
e—mail: svaziri@slpattorney,com
Strategic Legal Practices, APC 8Y2”. a
1888 Century Park East. 19”" Fl. Sophia é Smith. Deputy
Los Angeles, CA 90067
Telephone: (3 0) 929—4900
I
Facsimile: (3 0) 943-3838
l
Attorneys for Plaintiffs:
MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO
APC
11
“000V
(1x
12 MANUEL RODRIGUEZ AND LUCIA DE CaseNo.:
PRACTICES,
ANGELES,
LA ROSA DAVILA, CIVSB 222 8 8 9k
13
L05
450.
14 Plaintiffs, Hon.
SL'IT’;
Dept.
LEGAL
E-NI'
15 vs.
\Rk
I)
16
LLVTUR‘:
GENERAL MOTORS, LLC.; and DOES 1 COMPLAINT FOR VIOLATION OF
STRATEGIC
17 through 10, inclusive, STATUTORY OBLIGATIONS
1340
18 Defendants.
JURY TRIAL DEMANDED
19
20
22
23
24
26
27
28
COMPLAINT; J URY TRIAL DEMANDED
Plaintiff alleges as follows:
PARTIES
1. As used in this Complaint, the word "Plaintiffs” shall refer to Plaintiffs
MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA.
2. Plaintiffs are residents of San Bernardino County, California.
3. As used in this Complaint, the word "Defendants" shall refer to all Defendants
named in this Complaint.
4. Defendant GENERAL MOTORS, LLC.; (“Defendant GM”) is a corporation
organized and in existence under the laws 0f the State of Delaware and registered with the
10 California Department of Corporations t0 conduct business in California. At all times relevant
APC
11 herein, Defendant was engaged in the business of designing, manufacturing, constructing,
90007
CA
12 assembling, marketing, distributing, and selling automobiles and other motor vehicles and
ES,
ANGIEI
PRACTICES,
13 motor vehicle components in San Bernardino County, California.
L05
430,
14 5. Plaintiffs are ignorant of the true names and capacities Ofthe Defendants sued
SL‘ITE
LEGAL EAiT,
15 under the fictitious names DOES 1 t0 10. They are sued pursuant t0 Code of Civil Procedure
PARK
16 section 474. When Plaintiff becomes aware of the true names and capacities 0f the Defendants
CI:.\TUR\
STRATEGIC
1840
17 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and
18 capacities.
19 TOLLING OF THE STATUTES OF LIMITATION
20 6. T0 the extent there are any statutes 0f limitation applicable t0 Plaintiffs’ claims-
21 including, without limitation, the express warranty and implied warranty— the running 0f the
22 limitation periods have been tolled by, inter alia, the following doctrines or rules: equitable
23 tolling, the discovery rule, equitable estoppel, the repair rule, and/or class action tolling (c.g.,
24 the American Pipe rule) via the filing of Speerly et al. v. General Motors, LLC, N0. l9-CV-
25 1 1044-DML—DRG (ED. Mich.) (April 10, 2019).
26 7. Plaintiffs discovered Defendant’s wrongful conduct alleged herein shortly
27 before the filing of the complaint, as the Vehicle continued t0 exhibit symptofis 0f defects
28 ///
l
COMPLAINT; JURY TRIAL DEMANDED
Document Filed Date
December 30, 2022
Case Filing Date
December 30, 2022
Category
Breach of Contract/Warranty Unlimited
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F LE l D SUPERIOR COURT OF CALIFORNIA Tionna Dolin (SBN 2990 10) COUNTY OF SAN BERNARDINO e-mail: idolin(q.és]patt0rney.com SAN BERNARDWO DISTRICT (emailscrvicesavslputtorncv.com) Sanam Vaziri ('SBN 177384) DEC 3 O 2022 e—mail: svaziri@slpattorney,com Strategic Legal Practices, APC 8Y2”. a 1888 Century Park East. 19”" Fl. Sophia é Smith. Deputy Los Angeles, CA 90067 Telephone: (3 0) 929—4900 I Facsimile: (3 0) 943-3838 l Attorneys for Plaintiffs: MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO APC 11 “000V (1x 12 MANUEL RODRIGUEZ AND LUCIA DE CaseNo.: PRACTICES, ANGELES, LA ROSA DAVILA, CIVSB 222 8 8 9k 13 L05 450. 14 Plaintiffs, Hon. SL'IT’; Dept. LEGAL E-NI' 15 vs. \Rk I) 16 LLVTUR‘: GENERAL MOTORS, LLC.; and DOES 1 COMPLAINT FOR VIOLATION OF STRATEGIC 17 through 10, inclusive, STATUTORY OBLIGATIONS 1340 18 Defendants. JURY TRIAL DEMANDED 19 20 22 23 24 26 27 28 COMPLAINT; J URY TRIAL DEMANDED Plaintiff alleges as follows: PARTIES 1. As used in this Complaint, the word "Plaintiffs” shall refer to Plaintiffs MANUEL RODRIGUEZ AND LUCIA DE LA ROSA DAVILA. 2. Plaintiffs are residents of San Bernardino County, California. 3. As used in this Complaint, the word "Defendants" shall refer to all Defendants named in this Complaint. 4. Defendant GENERAL MOTORS, LLC.; (“Defendant GM”) is a corporation organized and in existence under the laws 0f the State of Delaware and registered with the 10 California Department of Corporations t0 conduct business in California. At all times relevant APC 11 herein, Defendant was engaged in the business of designing, manufacturing, constructing, 90007 CA 12 assembling, marketing, distributing, and selling automobiles and other motor vehicles and ES, ANGIEI PRACTICES, 13 motor vehicle components in San Bernardino County, California. L05 430, 14 5. Plaintiffs are ignorant of the true names and capacities Ofthe Defendants sued SL‘ITE LEGAL EAiT, 15 under the fictitious names DOES 1 t0 10. They are sued pursuant t0 Code of Civil Procedure PARK 16 section 474. When Plaintiff becomes aware of the true names and capacities 0f the Defendants CI:.\TUR\ STRATEGIC 1840 17 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and 18 capacities. 19 TOLLING OF THE STATUTES OF LIMITATION 20 6. T0 the extent there are any statutes 0f limitation applicable t0 Plaintiffs’ claims- 21 including, without limitation, the express warranty and implied warranty— the running 0f the 22 limitation periods have been tolled by, inter alia, the following doctrines or rules: equitable 23 tolling, the discovery rule, equitable estoppel, the repair rule, and/or class action tolling (c.g., 24 the American Pipe rule) via the filing of Speerly et al. v. General Motors, LLC, N0. l9-CV- 25 1 1044-DML—DRG (ED. Mich.) (April 10, 2019). 26 7. Plaintiffs discovered Defendant’s wrongful conduct alleged herein shortly 27 before the filing of the complaint, as the Vehicle continued t0 exhibit symptofis 0f defects 28 /// l COMPLAINT; JURY TRIAL DEMANDED