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PRESTIGE LEGAL SOLUTIONS, P.C.
1 Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
2 6420 Wilshire Blvd., Suite 200 2/28/2024
Los Angeles, CA 90048
3 Telephone: (310) 758-1283
Fax: (310) 933-5821
4 Electronic Service: eservice@plsfirm.com
5 Attorneys for Plaintiff,
ANDREW JAMES WEINRICH
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF BUTTE
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10 ANDREW JAMES WEINRICH, an individual, Case No.: 24CV00651
PRESTIGE LEGAL SOLUTIONS, P.C.
11 Plaintiff, Hon.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Dept.:
12 vs.
COMPLAINT FOR VIOLATION OF
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FORD MOTOR COMPANY, a Delaware STATUTORY OBLIGATIONS
14 corporation, and DOES 1 through 10, inclusive,
15 JURY TRIAL DEMANDED
16 Defendants.
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COMPLAINT; JURY TRIAL DEMANDED
1 Plaintiff Andrew James Weinrich (“Plaintiff”) alleges as follows:
2 PARTIES
3 1. As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Andrew
4 James Weinrich.
5 2. Plaintiff is, and at all times relevant herein was, a resident of Willows, California.
6 3. As used in this Complaint, the word "Defendant" shall refer to Defendant Ford
7 Motor Company.
8 4. Defendant is, and at all times relevant herein was, a corporation incorporated under
9 the laws of the State of Delaware and registered to conduct business in California. At all times
10 relevant herein, Defendant was engaged in the business of designing, manufacturing,
PRESTIGE LEGAL SOLUTIONS, P.C.
11 assembling, producing, constructing, marketing, distributing, and/or selling consumer goods,
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 including but not limited to motor vehicles and motor vehicle components.
13 5. Plaintiff is ignorant of the true names and capacities of the Defendants sued under
14 the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
15 Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
16 Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
17 and capacities.
18 6. Plaintiff hereby revokes acceptance of their 2020 Ford Explorer, VIN
19 1FM5K8HC2LGA06533 (“Subject Vehicle”).
20 7. Plaintiff hereby demands a jury trial on all causes of action asserted herein.
21 FIRST CAUSE OF ACTION
22 BY PLAINTIFF AGAINST DEFENDANT
23 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
24 8. Plaintiff incorporates by reference the allegations contained in the paragraphs set
25 forth above.
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COMPLAINT; JURY TRIAL DEMANDED
1 9. On or around August 08, 2019, Plaintiff purchased Subject Vehicle. Subject
2 Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
3 1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
4 10. Plaintiff purchased and used Subject Vehicle primarily for personal, family, or
5 household purposes. Plaintiff purchased Subject Vehicle from a person or entity engaged in the
6 business of manufacturing, distributing, selling, or leasing consumer goods at retail.
7 11. When the Subject Vehicle was purchased, Plaintiff received express written
8 warranties in which Defendant undertook to preserve or maintain the utility or performance of
9 Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
10 specified period of time. The warranty provided, in relevant part, that in the event a
PRESTIGE LEGAL SOLUTIONS, P.C.
11 nonconformity developed within Subject Vehicle during the applicable warranty period,
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 Plaintiff could deliver Subject Vehicle for repair to Defendant's authorized service and repair
13 facilities and Subject Vehicle would be repaired.
14 12. During Plaintiff’s ownership of Subject Vehicle, the Subject Vehicle manifested
15 defects covered by Defendant’s express written warranties. These defects include but are not
16 limited to: drive assist, cooling system, engine, window, and fuel system defects (Subject
17 Vehicle’s “defects”). These defects substantially impair the use, value, and/or safety of Subject
18 Vehicle to Plaintiff.
19 13. Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and
20 repair facilities for diagnosis and repair of the defects.
21 14. Defendant and/or its authorized service and repair facilities failed to service or
22 repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
23 of opportunities to do so.
24 15. Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
25 restitution to Plaintiff as required by Civil Code section 1793.2(d).
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All subsequent references to the Civil Code refer to the California Civil Code.
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COMPLAINT; JURY TRIAL DEMANDED
1 16. Plaintiff has been damaged by Defendant's failure to comply with its obligations
2 under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil
3 Code section 1794.
4 17. Defendant's failure to comply with its obligations under Civil Code section
5 1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
6 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
7 up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c).
8 SECOND CAUSE OF ACTION
9 BY PLAINTIFF AGAINST DEFENDANT
10 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
PRESTIGE LEGAL SOLUTIONS, P.C.
11 18. Plaintiff incorporates by reference the allegations contained in the paragraphs set
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 forth above.
13 19. Defendant maintains service and repair facilities and/or designates independent
14 service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
15 intended to carry out the terms of Defendant’s express warranties.
16 20. Although Plaintiff presented Subject Vehicle to Defendant's representatives in
17 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
18 repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
19 21. Although Plaintiff presented Subject Vehicle to Defendant's representatives in
20 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
21 repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend
22 the time for completion of repairs beyond the requisite thirty days.
23 22. Plaintiff has been damaged by Defendant's and/or its representatives’ failure to
24 comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant
25 to Civil Code section 1794.
26 23. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject
27 Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff
28 does so again.
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COMPLAINT; JURY TRIAL DEMANDED
1 24. Defendant's failure to comply with its obligations under Civil Code section
2 1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
3 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
4 two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c).
5 THIRD CAUSE OF ACTION
6 BY PLAINTIFF AGAINST DEFENDANT
7 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
8 25. Plaintiff incorporates by reference the allegations contained in the paragraphs set
9 forth above.
10 26. In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
PRESTIGE LEGAL SOLUTIONS, P.C.
11 available to its authorized service and repair facilities sufficient service literature and/or
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 replacement parts to effect repairs during the express warranty period.
13 27. Plaintiff has been damaged by Defendant's failure to comply with its obligations
14 pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant
15 to Civil Code section 1794.
16 28. Defendant's failure to comply with its obligations under Civil Code section
17 1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
18 declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times
19 Plaintiff's actual damages, pursuant to Civil Code section 1794(c).
20 FOURTH CAUSE OF ACTION
21 BY PLAINTIFF AGAINST DEFENDANT
22 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
23 (CIV. CODE § 1791.1; § 1794)
24 29. Plaintiff incorporates by reference the allegations contained in the paragraphs set
25 forth above.
26 30. Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
27 accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
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COMPLAINT; JURY TRIAL DEMANDED
1 section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
2 duration of the express written warranty provided by Defendant.
3 31. Due to the aforementioned defects, Subject Vehicle was not of the same quality
4 as those generally acceptable in the trade; did not pass without objection in the trade; was not
5 fit for the ordinary purposes for which such goods are used; was not adequately contained,
6 packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
7 or label.
8 32. Plaintiff was harmed by the breach of the implied warranty of merchantability.
9 33. Defendant's failure to comply with its obligations under the implied warranty
10 was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action
PRESTIGE LEGAL SOLUTIONS, P.C.
11 pursuant to Civil Code section 1794.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 PRAYER
13 Wherefore, Plaintiff prays for judgment against Defendant as follows:
14 a. For Plaintiff’s actual damages in an amount according to proof;
15 b. For restitution;
16 c. For a civil penalty in the amount of two times Plaintiff’s actual damages
17 pursuant to Civil Code section 1794(c);
18 d. For any consequential and incidental damages in an amount according to
19 proof;
20 e. For remedies authorized by California Commercial Code sections 2711,
21 2712, and/or 2713;
22 f. For costs and expenses of the suit, and for Plaintiff’s reasonable
23 attorneys’ fees, pursuant to Civil Code section 1794(d);
24 g. For prejudgment interest at the legal rate; and
25 h. For such other equitable or legal relief as the Court may deem proper.
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COMPLAINT; JURY TRIAL DEMANDED
1 DEMAND FOR JURY TRIAL
2 Plaintiff hereby demands a jury trial on all causes of action asserted herein.
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Dated: February 23, 2024 PRESTIGE LEGAL SOLUTIONS, P.C.
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BY: _________________________________
6 Michelle Yang, Esq.
Andrea Plata, Esq.
7 Attorneys for Plaintiff,
ANDREW JAMES WEINRICH
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COMPLAINT; JURY TRIAL DEMANDED
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PRESTIGE LEGAL SOLUTIONS, P.C. 1 Michelle Yang, Esq. (SBN 325467) Andrea Plata, Esq. (SBN 343766) 2 6420 Wilshire Blvd., Suite 200 2/28/2024 Los Angeles, CA 90048 3 Telephone: (310) 758-1283 Fax: (310) 933-5821 4 Electronic Service: eservice@plsfirm.com 5 Attorneys for Plaintiff, ANDREW JAMES WEINRICH 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF BUTTE 9 10 ANDREW JAMES WEINRICH, an individual, Case No.: 24CV00651 PRESTIGE LEGAL SOLUTIONS, P.C. 11 Plaintiff, Hon. 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 Dept.: 12 vs. COMPLAINT FOR VIOLATION OF 13 FORD MOTOR COMPANY, a Delaware STATUTORY OBLIGATIONS 14 corporation, and DOES 1 through 10, inclusive, 15 JURY TRIAL DEMANDED 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 COMPLAINT; JURY TRIAL DEMANDED 1 Plaintiff Andrew James Weinrich (“Plaintiff”) alleges as follows: 2 PARTIES 3 1. As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Andrew 4 James Weinrich. 5 2. Plaintiff is, and at all times relevant herein was, a resident of Willows, California. 6 3. As used in this Complaint, the word "Defendant" shall refer to Defendant Ford 7 Motor Company. 8 4. Defendant is, and at all times relevant herein was, a corporation incorporated under 9 the laws of the State of Delaware and registered to conduct business in California. At all times 10 relevant herein, Defendant was engaged in the business of designing, manufacturing, PRESTIGE LEGAL SOLUTIONS, P.C. 11 assembling, producing, constructing, marketing, distributing, and/or selling consumer goods, 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 including but not limited to motor vehicles and motor vehicle components. 13 5. Plaintiff is ignorant of the true names and capacities of the Defendants sued under 14 the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil 15 Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the 16 Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names 17 and capacities. 18 6. Plaintiff hereby revokes acceptance of their 2020 Ford Explorer, VIN 19 1FM5K8HC2LGA06533 (“Subject Vehicle”). 20 7. Plaintiff hereby demands a jury trial on all causes of action asserted herein. 21 FIRST CAUSE OF ACTION 22 BY PLAINTIFF AGAINST DEFENDANT 23 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2 24 8. Plaintiff incorporates by reference the allegations contained in the paragraphs set 25 forth above. 26 27 28 1 COMPLAINT; JURY TRIAL DEMANDED 1 9. On or around August 08, 2019, Plaintiff purchased Subject Vehicle. Subject 2 Vehicle is a new motor vehicle, as the term is defined by California Civil Code section 3 1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant. 4 10. Plaintiff purchased and used Subject Vehicle primarily for personal, family, or 5 household purposes. Plaintiff purchased Subject Vehicle from a person or entity engaged in the 6 business of manufacturing, distributing, selling, or leasing consumer goods at retail. 7 11. When the Subject Vehicle was purchased, Plaintiff received express written 8 warranties in which Defendant undertook to preserve or maintain the utility or performance of 9 Subject Vehicle or to provide compensation if there is a failure in utility or performance for a 10 specified period of time. The warranty provided, in relevant part, that in the event a PRESTIGE LEGAL SOLUTIONS, P.C. 11 nonconformity developed within Subject Vehicle during the applicable warranty period, 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 Plaintiff could deliver Subject Vehicle for repair to Defendant's authorized service and repair 13 facilities and Subject Vehicle would be repaired. 14 12. During Plaintiff’s ownership of Subject Vehicle, the Subject Vehicle manifested 15 defects covered by Defendant’s express written warranties. These defects include but are not 16 limited to: drive assist, cooling system, engine, window, and fuel system defects (Subject 17 Vehicle’s “defects”). These defects substantially impair the use, value, and/or safety of Subject 18 Vehicle to Plaintiff. 19 13. Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and 20 repair facilities for diagnosis and repair of the defects. 21 14. Defendant and/or its authorized service and repair facilities failed to service or 22 repair Subject Vehicle to conform to the applicable express warranties after a reasonable number 23 of opportunities to do so. 24 15. Despite this fact, Defendant failed to promptly replace Subject Vehicle or make 25 restitution to Plaintiff as required by Civil Code section 1793.2(d). 26 27 28 1 All subsequent references to the Civil Code refer to the California Civil Code. 2 COMPLAINT; JURY TRIAL DEMANDED 1 16. Plaintiff has been damaged by Defendant's failure to comply with its obligations 2 under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil 3 Code section 1794. 4 17. Defendant's failure to comply with its obligations under Civil Code section 5 1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations 6 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of 7 up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c). 8 SECOND CAUSE OF ACTION 9 BY PLAINTIFF AGAINST DEFENDANT 10 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2 PRESTIGE LEGAL SOLUTIONS, P.C. 11 18. Plaintiff incorporates by reference the allegations contained in the paragraphs set 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 forth above. 13 19. Defendant maintains service and repair facilities and/or designates independent 14 service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are 15 intended to carry out the terms of Defendant’s express warranties. 16 20. Although Plaintiff presented Subject Vehicle to Defendant's representatives in 17 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence 18 repairs within a reasonable time, in violation of Civil Code section 1793.2(b). 19 21. Although Plaintiff presented Subject Vehicle to Defendant's representatives in 20 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete 21 repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend 22 the time for completion of repairs beyond the requisite thirty days. 23 22. Plaintiff has been damaged by Defendant's and/or its representatives’ failure to 24 comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant 25 to Civil Code section 1794. 26 23. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject 27 Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff 28 does so again. 3 COMPLAINT; JURY TRIAL DEMANDED 1 24. Defendant's failure to comply with its obligations under Civil Code section 2 1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations 3 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of 4 two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c). 5 THIRD CAUSE OF ACTION 6 BY PLAINTIFF AGAINST DEFENDANT 7 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2 8 25. Plaintiff incorporates by reference the allegations contained in the paragraphs set 9 forth above. 10 26. In violation of Civil Code section 1793.2(a)(3), Defendant failed to make PRESTIGE LEGAL SOLUTIONS, P.C. 11 available to its authorized service and repair facilities sufficient service literature and/or 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 replacement parts to effect repairs during the express warranty period. 13 27. Plaintiff has been damaged by Defendant's failure to comply with its obligations 14 pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant 15 to Civil Code section 1794. 16 28. Defendant's failure to comply with its obligations under Civil Code section 17 1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally 18 declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times 19 Plaintiff's actual damages, pursuant to Civil Code section 1794(c). 20 FOURTH CAUSE OF ACTION 21 BY PLAINTIFF AGAINST DEFENDANT 22 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY 23 (CIV. CODE § 1791.1; § 1794) 24 29. Plaintiff incorporates by reference the allegations contained in the paragraphs set 25 forth above. 26 30. Pursuant to Civil Code section 1792, the sale of Subject Vehicle was 27 accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code 28 4 COMPLAINT; JURY TRIAL DEMANDED 1 section 1791.1(c), the duration of the implied warranty is coextensive in duration with the 2 duration of the express written warranty provided by Defendant. 3 31. Due to the aforementioned defects, Subject Vehicle was not of the same quality 4 as those generally acceptable in the trade; did not pass without objection in the trade; was not 5 fit for the ordinary purposes for which such goods are used; was not adequately contained, 6 packaged, and labeled; and/or did not measure up to the promises or facts stated on the container 7 or label. 8 32. Plaintiff was harmed by the breach of the implied warranty of merchantability. 9 33. Defendant's failure to comply with its obligations under the implied warranty 10 was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action PRESTIGE LEGAL SOLUTIONS, P.C. 11 pursuant to Civil Code section 1794. 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 PRAYER 13 Wherefore, Plaintiff prays for judgment against Defendant as follows: 14 a. For Plaintiff’s actual damages in an amount according to proof; 15 b. For restitution; 16 c. For a civil penalty in the amount of two times Plaintiff’s actual damages 17 pursuant to Civil Code section 1794(c); 18 d. For any consequential and incidental damages in an amount according to 19 proof; 20 e. For remedies authorized by California Commercial Code sections 2711, 21 2712, and/or 2713; 22 f. For costs and expenses of the suit, and for Plaintiff’s reasonable 23 attorneys’ fees, pursuant to Civil Code section 1794(d); 24 g. For prejudgment interest at the legal rate; and 25 h. For such other equitable or legal relief as the Court may deem proper. 26 /// 27 /// 28 /// 5 COMPLAINT; JURY TRIAL DEMANDED 1 DEMAND FOR JURY TRIAL 2 Plaintiff hereby demands a jury trial on all causes of action asserted herein. 3 Dated: February 23, 2024 PRESTIGE LEGAL SOLUTIONS, P.C. 4 5 BY: _________________________________ 6 Michelle Yang, Esq. Andrea Plata, Esq. 7 Attorneys for Plaintiff, ANDREW JAMES WEINRICH 8 9 10 PRESTIGE LEGAL SOLUTIONS, P.C. 11 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 COMPLAINT; JURY TRIAL DEMANDED