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1 MANOOKIAN LAW, APLC
Claude Manookian, Esq. (SBN 243261)
2
500 N. Brand Boulevard, Suite 1125
3 Glendale, California 91203
Telephone: (818) 392-4272
4
Facsimile: (818) 484-2192
5 Email: cmm@manookianlaw.com
6 Attorneys for Plaintiff: RICHARD EGELHOFER
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 RICHARD EGELHOFER, an individual; ) Case No.:
)
12 ) Assigned to:
Plaintiff, )
13 ) Unlimited Civil Case Over $35,000.00
vs. )
14 ) COMPLAINT FOR DAMAGES IN
) VIOLATION OF SONG-BEVERLY
15 GENERAL MOTORS LLC, a Delaware ) CONSUMER WARRANTY ACT [Civil
limited liability company; and DOES 1 ) Code § 1790 et seq.]:
16 through 50 inclusive, )
) 1. BREACH OF EXPRESS
17 ) WARRANTY OBLIGATIONS
Defendants. ) UNDER SONG-BEVERLY;
18 )
) 2. BREACH OF IMPLIED
19 ) WARRANTY OBLIGATIONS
) UNDER SONG-BEVERLY
20 )
)
21 ) REQUEST FOR JURY TRIAL
)
22 )
)
23 )
24 COMES NOW PLAINTIFF, RICHARD EGELHOFER (hereinafter referred to as
25 “EGELHOFER”) who sets forth the following causes of action against Defendants, and
26 each of them, and who alleges as follows:
27 ///
28 ///
1
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 GENERAL ALLEGATIONS
2 COMMON TO ALL CAUSES OF ACTION
3 1. EGELHOFER is an individual, residing in the City of Santa Cruz, County
4 of Santa Cruz, in the State of California.
5 2. EGELHOFER is informed and believes and thereon alleges that Defendant
6 GENERAL MOTORS LLC (hereinafter referred to as Defendant “GM”) is a limited
7 liability company duly formed and existing by virtue of the laws of the State of Delaware,
8 currently doing business in the County of Santa Cruz, in the State of California.
9 3. a) The true names and capacities, whether individual, corporate,
10 associate, or otherwise, of Defendants Doe 1 through 50, inclusive, are unknown to
11 EGELHOFER who therefore sues these Defendants by such fictitious names, and
12 EGELHOFER will seek leave to amend this complaint to set forth their true names and
13 capacities when EGELHOFER has ascertained them.
14 b) EGELHOFER is informed and believes, and thereon alleges, that
15 each of the Defendants designated herein as a “Doe” is responsible in some manner for
16 the events and happenings herein referred to and caused injury and damage to
17 EGELHOFER as herein alleged.
18 4. a) EGELHOFER is informed and believes, and thereon alleges, that at
19 all times herein mentioned, Defendants and each of them, were the agents, servants, and
20 employees of each of their Co-Defendants.
21 b) EGELHOFER is informed and believes, and thereon alleges that in
22 doing the things hereinafter alleged, Defendants, and each of them, were acting in the
23 course and scope of their employment as such agents, servants, and employees, and with
24 the permission, consent, knowledge and ratification of their Co-Defendants, principals
25 and employers.
26 5. EGELHOFER is informed and believes, and thereon alleges, that on or
27 before December 22, 2020, Defendant GM and Does 1 through 50, and each of them,
28 (individually and collectively “Manufacturer”), manufactured and distributed, in the
2
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 United States and the State of California a consumer good identified as a 2020 Chevrolet
2 Bolt EV, Vehicle Identification No. 1G1FY6S06L4135315, for its eventual sale or lease
3 to retailer buyers or lessees.
4 6. On or about December 22, 2020, EGELHOFER purchased the Subject
5 Vehicle primarily for personal, family or household purposes from a retail merchants
6 authorized by manufacturer to do business in the State of California on behalf of
7 Manufacturer, for a total consideration over the term of the contract of $38,216.63.
8 7. Manufacturer appended to the Subject Vehicle an express written warranty
9 in which it warranted to perform any repairs or replacement of parts necessary to ensure
10 that the Subject Vehicle and the components therein were free from all defects in material
11 and workmanship, and to perform any adjustments necessary to maintain the utility of the
12 Subject Vehicle and the parts, components, and various electrical and mechanical
13 systems contained therein, for at least 3 years or 36,000 miles, from original date of
14 distribution.
15 8. At all times mentioned herein, the Subject Vehicle was and is a motor
16 vehicle” as defined in Song-Beverly, Civil Code § 1793.22(e)(2), in that it was a new
17 motor vehicle with a manufacturer’s new car warranty.
18 9. EGELHOFER duly performed all the conditions on its part under the
19 contract and under each of the express warranties referenced above, except insofar as the
20 acts and omissions of Defendants, and each of them, as hereinafter alleged, prevented or
21 excused such performances.
22 10. Defendant GM has notified EGELHOFER of several pending safety recall.
23 The recall notices instructed EGELHOFER to present the Subject Vehicle to a GM
24 authorized service facility immediately.
25 11. Upon presenting the Subject Vehicle to a GM authorized service facility,
26 EGELHOFER was informed of the serious nature of the safety recall and was advised not
27 to charge his electrical vehicle more than 80% of capacity due to the risk of battery fire.
28 EGELHOFER was also informed never to charge the Subject Vehicle inside an enclosed
3
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 garage as this also posed a serious fire risk.
2 12. The inability to charge the Subject Vehicle to full capacity reduced the
3 Subject Vehicle’s operating range substantially rendering it useless for EGELHOFER’s
4 intended use.
5 13. EGELHOFER attempted to invoke the applicable warranties, demanding
6 that the authorized repair facilities repair such nonconformities under the warranties.
7 14. a) Defendants and each of them represented to EGELHOFER that they
8 could not and would not make the Subject Vehicle conform to the applicable warranties,
9 due to the unavailability of a remedy.
10 b) Defendants and each of them, failed to make the Subject Vehicle
11 conform to the applicable warranties, despite a reasonable number of attempts to do so.
12 15. EGELHOFER, pursuant to the Cal. Civil Code made demand upon
13 Defendants to repurchase the Subject Vehicle.
14 16. As of the date of this operative complaint Defendants, and each of them,
15 have been unable or unwilling to make the subject vehicle conform to the applicable
16 warranties, or make restitution pursuant to statute.
17 17. The subject vehicle has been out of service for over thirty (30) days, as
18 such, the Subject Vehicle falls under the presumption provisions of California Civil Code
19 §1793.22 et seq.
20 FIRST CAUSE OF ACTION
21 Breach of Express Warranty Obligations under Song-Beverly Act
22 18. EGELHOFER realleges every paragraph contained in the General
23 Allegations, and incorporates them by this reference as though fully set forth herein.
24 19. The actions of Defendants, and each of them, in failing to perform the
25 proper repairs, part replacements, or adjustments to make the Subject Vehicle conform to
26 the applicable express warranties constitutes a breach of the express warranties that
27 Manufacturer provided to EGELHOFER, thereby breaching Defendants’ obligations
28 under Song-Beverly.
4
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 20. a) As the result of the actions of Defendants, and each of them, and in
2 accordance with the provisions of Song-Beverly, EGELHOFER is entitled to replacement
3 of the Subject Vehicle, or restitution of the among actually paid or payable under the
4 contract, at EGELHOFER’s option, plus prejudgment interest thereon at the legal rate.
5 b) EGELHOFER will seek leave of the Court to amend this Complaint
6 to set forth the exact amount of restitution and interest, upon election when ascertained.
7 21. a) As a further result of the actions of Defendants, and each of them,
8 and in accordance with Song-Beverly, EGELHOFER has sustained and is entitled to
9 incidental damages in an amount yet to be determined, plus interest thereon at the legal
10 rate.
11 b) EGELHOFER will seek leave of the Court to amend this Complaint
12 to set forth the exact amount of incidental damages when ascertained.
13 22. a) As a further result of the actions of Defendants, and each of them,
14 and in accordance with Song-Beverly, EGELHOFER has sustained and is entitled to
15 consequential damages in an amount yet to be determined, plus interest thereon at the
16 legal rate.
17 b) EGELHOFER will seek leave of the Court to amend this Complaint
18 to set forth the exact amount of consequential damages when ascertained.
19 23. a) EGELHOFER is informed and believes and thereon alleges that
20 Defendants and each of them, failed to perform the necessary repairs or service in a good
21 and workmanlike manner.
22 b) The action taken by Defendants, and each of them, were insufficient
23 to make the Subject Vehicle conform to the express warranties and proper operational
24 characteristics of like vehicles, all in violation of Defendants’ obligations under Song-
25 Beverly.
26 24. Although Defendants, and each of them, were unable to service or repair
27 the Subject Vehicle to conform to the applicable express warranties after a reasonable
28 number of attempts, Defendants failed to replace the Subject Vehicle or make restitution
5
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 to EGELHOFER in accordance with Song-Beverly.
2 25. EGELHOFER is informed and believes and thereon alleges that
3 Defendants, and each of them, knew of their obligations under Song-Beverly but
4 intentionally declined to fulfill them.
5 26. EGELHOFER is informed and believes and thereon alleges that the failure
6 of Defendants, and each of them, to make the Subject Vehicle conform to the applicable
7 express warranties was willful, justifying an award of a Civil penalty as provided in
8 Song-Beverly in an amount not to exceed two times EGELHOFER’s actual damages.
9 27. EGELHOFER is informed and believes and thereon alleges that the failure
10 of Defendant, and each of them, to replace the Subject Vehicle or make restitution to
11 EGELHOFER was willful, justifying an award of a Civil Penalty as provided under
12 Song-Beverly in an amount not to exceed two times EGELHOFER’s actual damages.
13 28. a) EGELHOFER, pursuant to the Cal. Civil Code made demand upon
14 Defendants to repurchase the Subject Vehicle. As of the date of this operative complaint,
15 Defendants, and each of them, were unable or unwilling to make the subject vehicle
16 conform to the applicable warranties, or make restitution pursuant to statute.
17 b) EGELHOFER is informed and believes and thereon alleges that
18 Defendants, and each of them, knew of their obligation under Song-Beverly, but
19 nevertheless, despite EGELHOFER’s demand, failed and refused to make restitution or
20 replacement according to the mandates of Son-Beverly.
21 c) The failure of defendants, and each of them, to refund the
22 consideration paid and payable or to replace the Subject Vehicle with a similar vehicle
23 free from defects justifies an award of a Civil Penalty in an amount not to exceed two
24 times EGELHOFER’s actual damages, as provided by Song-Beverly.
25 29. a) As a direct result of the actions of Defendants, and each of them, and
26 in pursuing EGELHOFER’s claim, it was necessary for EGELHOFER to retain legal
27 counsel.
28 ///
6
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 b) Under Song-Beverly, EGELHOFER is entitled to the recovery of
2 attorney’s fees based upon actual time expended, and to the recovery of all costs and
3 expenses reasonably incurred in pursuing this matter.
4 SECOND CAUSE OF ACTION
5 Breach of Implied Warranty Obligations under Song-Beverly Act
6 30. EGELHOFER realleges every paragraph contained in the General
7 Allegations, and incorporates them herein by reference as though fully set forth at length.
8 31. At the time that EGELHOFER took possession of the Subject Vehicle,
9 Defendants, and each of them, impliedly warranted that the Subject Vehicle was
10 merchantable as provided in Song-Beverly.
11 32. The Subject Vehicle was not merchantable, as evidence by the defects, non-
12 conformities, misadjustments, and malfunctions as hereinabove alleged.
13 33. EGELHOFER is informed and believes, and thereon alleges that the
14 defective vehicle systems and components were present at the time of sale of the Subject
15 Vehicle; thus, extending the duration of any implied warranty under Mexia v. Rinker Boat
16 Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other applicable laws.
17 34. a) As the result of the actions of Defendants, and each of them
18 EGELHOFER has sustained damage in the amount actually paid or payable under the
19 contract, plus prejudgment interest thereon at the legal rate.
20 b) EGELHOFER will seek leave to amend this Complaint to set forth
21 the exact amount thereof when EGELHOFER has ascertained it.
22 35. a) As a further result of the action of Defendants, and each of them,
23 EGELHOFER has sustained incidental damages in an amount yet to be determined, plus
24 interest thereon at the legal rate.
25 b) EGELHOFER will seek leave to amend this Complaint to set forth
26 the exact amount of incidental damages when EGELHOFER has ascertained them.
27 36. a) As a further result of the actions of Defendants, and each of them,
28 EGELHOFER has sustained consequential damages in an amount yet to be determined,
7
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 plus interest thereon at the legal rate.
2 b) EGELHOFER will seek leave to amend this Complaint to set forth
3 the exact amount of consequential damages when EGELHOFER has ascertained them.
4 37. a) EGELHOFER, pursuant to the Cal. Civil Code made demand upon
5 Defendants to repurchase the Subject Vehicle. As of the date of this operative complaint,
6 Defendants, and each of them, were unable or unwilling to make the subject vehicle
7 conform to the applicable warranties, or make restitution pursuant to statute.
8 b) EGELHOFER is informed and believes and thereon alleges that
9 Defendants, and each of them, knew of their obligations under Song-Beverly, but
10 nevertheless, despite EGELHOFER’s demand, failed and refused to make restitution or
11 replacement according to the mandates of Song-Beverly.
12 c) The failure of Defendants, and each of them, to refund the
13 consideration paid and payable or to replace the Subject Vehicle with a similar vehicle
14 free from defects, justifies an award of a Civil Penalty in an amount not to exceed two
15 times EGELHOFER’s actual damages, as provided in Song-Beverly.
16 38. a) As a direct result of the actions of Defendants, and each of them, and
17 in pursuing EGELHOFER’s claim, it was necessary for EGELHOFER to retain legal
18 counsel.
19 b) Under Song-Beverly, EGELHOFER is entitled to the recovery of
20 attorney’s fees based upon actual time expended, and to the recovery of all costs and
21 expenses reasonably incurred in pursuing this matter.
22 PRAYER
23 WHEREFORE, EGELHOFER prays for judgment against Defendants, and each
24 of them, as follows:
25 1. For replacement or restitution, at EGELHOFER’s option as required under
26 Song-Beverly, in an amount not less than $38,216.63;
27 2. For incidental damages, according to proof;
28 3. For consequential damages, according to proof;
8
COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
1 4. For prejudgment interest at the legal rate;
2 5. For a civil penalty as provided in Song-Beverly, in an amount not to exceed
3 two times the amount of EGELHOFER’s actual damages;
4 6. For attorney’s fees based upon actual time expended, according to proof;
5 7. For all costs and expenses of suit incurred; and,
6 8. For such other and further relief as this Court may deem just and proper.
7
8 Dated: March 8, 2024 MANOOKIAN LAW, APLC
9
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Claude Manookian, Esq.
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COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT
[Civil Code § 1790 et seq.]
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1 MANOOKIAN LAW, APLC Claude Manookian, Esq. (SBN 243261) 2 500 N. Brand Boulevard, Suite 1125 3 Glendale, California 91203 Telephone: (818) 392-4272 4 Facsimile: (818) 484-2192 5 Email: cmm@manookianlaw.com 6 Attorneys for Plaintiff: RICHARD EGELHOFER 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 RICHARD EGELHOFER, an individual; ) Case No.: ) 12 ) Assigned to: Plaintiff, ) 13 ) Unlimited Civil Case Over $35,000.00 vs. ) 14 ) COMPLAINT FOR DAMAGES IN ) VIOLATION OF SONG-BEVERLY 15 GENERAL MOTORS LLC, a Delaware ) CONSUMER WARRANTY ACT [Civil limited liability company; and DOES 1 ) Code § 1790 et seq.]: 16 through 50 inclusive, ) ) 1. BREACH OF EXPRESS 17 ) WARRANTY OBLIGATIONS Defendants. ) UNDER SONG-BEVERLY; 18 ) ) 2. BREACH OF IMPLIED 19 ) WARRANTY OBLIGATIONS ) UNDER SONG-BEVERLY 20 ) ) 21 ) REQUEST FOR JURY TRIAL ) 22 ) ) 23 ) 24 COMES NOW PLAINTIFF, RICHARD EGELHOFER (hereinafter referred to as 25 “EGELHOFER”) who sets forth the following causes of action against Defendants, and 26 each of them, and who alleges as follows: 27 /// 28 /// 1 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 GENERAL ALLEGATIONS 2 COMMON TO ALL CAUSES OF ACTION 3 1. EGELHOFER is an individual, residing in the City of Santa Cruz, County 4 of Santa Cruz, in the State of California. 5 2. EGELHOFER is informed and believes and thereon alleges that Defendant 6 GENERAL MOTORS LLC (hereinafter referred to as Defendant “GM”) is a limited 7 liability company duly formed and existing by virtue of the laws of the State of Delaware, 8 currently doing business in the County of Santa Cruz, in the State of California. 9 3. a) The true names and capacities, whether individual, corporate, 10 associate, or otherwise, of Defendants Doe 1 through 50, inclusive, are unknown to 11 EGELHOFER who therefore sues these Defendants by such fictitious names, and 12 EGELHOFER will seek leave to amend this complaint to set forth their true names and 13 capacities when EGELHOFER has ascertained them. 14 b) EGELHOFER is informed and believes, and thereon alleges, that 15 each of the Defendants designated herein as a “Doe” is responsible in some manner for 16 the events and happenings herein referred to and caused injury and damage to 17 EGELHOFER as herein alleged. 18 4. a) EGELHOFER is informed and believes, and thereon alleges, that at 19 all times herein mentioned, Defendants and each of them, were the agents, servants, and 20 employees of each of their Co-Defendants. 21 b) EGELHOFER is informed and believes, and thereon alleges that in 22 doing the things hereinafter alleged, Defendants, and each of them, were acting in the 23 course and scope of their employment as such agents, servants, and employees, and with 24 the permission, consent, knowledge and ratification of their Co-Defendants, principals 25 and employers. 26 5. EGELHOFER is informed and believes, and thereon alleges, that on or 27 before December 22, 2020, Defendant GM and Does 1 through 50, and each of them, 28 (individually and collectively “Manufacturer”), manufactured and distributed, in the 2 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 United States and the State of California a consumer good identified as a 2020 Chevrolet 2 Bolt EV, Vehicle Identification No. 1G1FY6S06L4135315, for its eventual sale or lease 3 to retailer buyers or lessees. 4 6. On or about December 22, 2020, EGELHOFER purchased the Subject 5 Vehicle primarily for personal, family or household purposes from a retail merchants 6 authorized by manufacturer to do business in the State of California on behalf of 7 Manufacturer, for a total consideration over the term of the contract of $38,216.63. 8 7. Manufacturer appended to the Subject Vehicle an express written warranty 9 in which it warranted to perform any repairs or replacement of parts necessary to ensure 10 that the Subject Vehicle and the components therein were free from all defects in material 11 and workmanship, and to perform any adjustments necessary to maintain the utility of the 12 Subject Vehicle and the parts, components, and various electrical and mechanical 13 systems contained therein, for at least 3 years or 36,000 miles, from original date of 14 distribution. 15 8. At all times mentioned herein, the Subject Vehicle was and is a motor 16 vehicle” as defined in Song-Beverly, Civil Code § 1793.22(e)(2), in that it was a new 17 motor vehicle with a manufacturer’s new car warranty. 18 9. EGELHOFER duly performed all the conditions on its part under the 19 contract and under each of the express warranties referenced above, except insofar as the 20 acts and omissions of Defendants, and each of them, as hereinafter alleged, prevented or 21 excused such performances. 22 10. Defendant GM has notified EGELHOFER of several pending safety recall. 23 The recall notices instructed EGELHOFER to present the Subject Vehicle to a GM 24 authorized service facility immediately. 25 11. Upon presenting the Subject Vehicle to a GM authorized service facility, 26 EGELHOFER was informed of the serious nature of the safety recall and was advised not 27 to charge his electrical vehicle more than 80% of capacity due to the risk of battery fire. 28 EGELHOFER was also informed never to charge the Subject Vehicle inside an enclosed 3 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 garage as this also posed a serious fire risk. 2 12. The inability to charge the Subject Vehicle to full capacity reduced the 3 Subject Vehicle’s operating range substantially rendering it useless for EGELHOFER’s 4 intended use. 5 13. EGELHOFER attempted to invoke the applicable warranties, demanding 6 that the authorized repair facilities repair such nonconformities under the warranties. 7 14. a) Defendants and each of them represented to EGELHOFER that they 8 could not and would not make the Subject Vehicle conform to the applicable warranties, 9 due to the unavailability of a remedy. 10 b) Defendants and each of them, failed to make the Subject Vehicle 11 conform to the applicable warranties, despite a reasonable number of attempts to do so. 12 15. EGELHOFER, pursuant to the Cal. Civil Code made demand upon 13 Defendants to repurchase the Subject Vehicle. 14 16. As of the date of this operative complaint Defendants, and each of them, 15 have been unable or unwilling to make the subject vehicle conform to the applicable 16 warranties, or make restitution pursuant to statute. 17 17. The subject vehicle has been out of service for over thirty (30) days, as 18 such, the Subject Vehicle falls under the presumption provisions of California Civil Code 19 §1793.22 et seq. 20 FIRST CAUSE OF ACTION 21 Breach of Express Warranty Obligations under Song-Beverly Act 22 18. EGELHOFER realleges every paragraph contained in the General 23 Allegations, and incorporates them by this reference as though fully set forth herein. 24 19. The actions of Defendants, and each of them, in failing to perform the 25 proper repairs, part replacements, or adjustments to make the Subject Vehicle conform to 26 the applicable express warranties constitutes a breach of the express warranties that 27 Manufacturer provided to EGELHOFER, thereby breaching Defendants’ obligations 28 under Song-Beverly. 4 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 20. a) As the result of the actions of Defendants, and each of them, and in 2 accordance with the provisions of Song-Beverly, EGELHOFER is entitled to replacement 3 of the Subject Vehicle, or restitution of the among actually paid or payable under the 4 contract, at EGELHOFER’s option, plus prejudgment interest thereon at the legal rate. 5 b) EGELHOFER will seek leave of the Court to amend this Complaint 6 to set forth the exact amount of restitution and interest, upon election when ascertained. 7 21. a) As a further result of the actions of Defendants, and each of them, 8 and in accordance with Song-Beverly, EGELHOFER has sustained and is entitled to 9 incidental damages in an amount yet to be determined, plus interest thereon at the legal 10 rate. 11 b) EGELHOFER will seek leave of the Court to amend this Complaint 12 to set forth the exact amount of incidental damages when ascertained. 13 22. a) As a further result of the actions of Defendants, and each of them, 14 and in accordance with Song-Beverly, EGELHOFER has sustained and is entitled to 15 consequential damages in an amount yet to be determined, plus interest thereon at the 16 legal rate. 17 b) EGELHOFER will seek leave of the Court to amend this Complaint 18 to set forth the exact amount of consequential damages when ascertained. 19 23. a) EGELHOFER is informed and believes and thereon alleges that 20 Defendants and each of them, failed to perform the necessary repairs or service in a good 21 and workmanlike manner. 22 b) The action taken by Defendants, and each of them, were insufficient 23 to make the Subject Vehicle conform to the express warranties and proper operational 24 characteristics of like vehicles, all in violation of Defendants’ obligations under Song- 25 Beverly. 26 24. Although Defendants, and each of them, were unable to service or repair 27 the Subject Vehicle to conform to the applicable express warranties after a reasonable 28 number of attempts, Defendants failed to replace the Subject Vehicle or make restitution 5 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 to EGELHOFER in accordance with Song-Beverly. 2 25. EGELHOFER is informed and believes and thereon alleges that 3 Defendants, and each of them, knew of their obligations under Song-Beverly but 4 intentionally declined to fulfill them. 5 26. EGELHOFER is informed and believes and thereon alleges that the failure 6 of Defendants, and each of them, to make the Subject Vehicle conform to the applicable 7 express warranties was willful, justifying an award of a Civil penalty as provided in 8 Song-Beverly in an amount not to exceed two times EGELHOFER’s actual damages. 9 27. EGELHOFER is informed and believes and thereon alleges that the failure 10 of Defendant, and each of them, to replace the Subject Vehicle or make restitution to 11 EGELHOFER was willful, justifying an award of a Civil Penalty as provided under 12 Song-Beverly in an amount not to exceed two times EGELHOFER’s actual damages. 13 28. a) EGELHOFER, pursuant to the Cal. Civil Code made demand upon 14 Defendants to repurchase the Subject Vehicle. As of the date of this operative complaint, 15 Defendants, and each of them, were unable or unwilling to make the subject vehicle 16 conform to the applicable warranties, or make restitution pursuant to statute. 17 b) EGELHOFER is informed and believes and thereon alleges that 18 Defendants, and each of them, knew of their obligation under Song-Beverly, but 19 nevertheless, despite EGELHOFER’s demand, failed and refused to make restitution or 20 replacement according to the mandates of Son-Beverly. 21 c) The failure of defendants, and each of them, to refund the 22 consideration paid and payable or to replace the Subject Vehicle with a similar vehicle 23 free from defects justifies an award of a Civil Penalty in an amount not to exceed two 24 times EGELHOFER’s actual damages, as provided by Song-Beverly. 25 29. a) As a direct result of the actions of Defendants, and each of them, and 26 in pursuing EGELHOFER’s claim, it was necessary for EGELHOFER to retain legal 27 counsel. 28 /// 6 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 b) Under Song-Beverly, EGELHOFER is entitled to the recovery of 2 attorney’s fees based upon actual time expended, and to the recovery of all costs and 3 expenses reasonably incurred in pursuing this matter. 4 SECOND CAUSE OF ACTION 5 Breach of Implied Warranty Obligations under Song-Beverly Act 6 30. EGELHOFER realleges every paragraph contained in the General 7 Allegations, and incorporates them herein by reference as though fully set forth at length. 8 31. At the time that EGELHOFER took possession of the Subject Vehicle, 9 Defendants, and each of them, impliedly warranted that the Subject Vehicle was 10 merchantable as provided in Song-Beverly. 11 32. The Subject Vehicle was not merchantable, as evidence by the defects, non- 12 conformities, misadjustments, and malfunctions as hereinabove alleged. 13 33. EGELHOFER is informed and believes, and thereon alleges that the 14 defective vehicle systems and components were present at the time of sale of the Subject 15 Vehicle; thus, extending the duration of any implied warranty under Mexia v. Rinker Boat 16 Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other applicable laws. 17 34. a) As the result of the actions of Defendants, and each of them 18 EGELHOFER has sustained damage in the amount actually paid or payable under the 19 contract, plus prejudgment interest thereon at the legal rate. 20 b) EGELHOFER will seek leave to amend this Complaint to set forth 21 the exact amount thereof when EGELHOFER has ascertained it. 22 35. a) As a further result of the action of Defendants, and each of them, 23 EGELHOFER has sustained incidental damages in an amount yet to be determined, plus 24 interest thereon at the legal rate. 25 b) EGELHOFER will seek leave to amend this Complaint to set forth 26 the exact amount of incidental damages when EGELHOFER has ascertained them. 27 36. a) As a further result of the actions of Defendants, and each of them, 28 EGELHOFER has sustained consequential damages in an amount yet to be determined, 7 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 plus interest thereon at the legal rate. 2 b) EGELHOFER will seek leave to amend this Complaint to set forth 3 the exact amount of consequential damages when EGELHOFER has ascertained them. 4 37. a) EGELHOFER, pursuant to the Cal. Civil Code made demand upon 5 Defendants to repurchase the Subject Vehicle. As of the date of this operative complaint, 6 Defendants, and each of them, were unable or unwilling to make the subject vehicle 7 conform to the applicable warranties, or make restitution pursuant to statute. 8 b) EGELHOFER is informed and believes and thereon alleges that 9 Defendants, and each of them, knew of their obligations under Song-Beverly, but 10 nevertheless, despite EGELHOFER’s demand, failed and refused to make restitution or 11 replacement according to the mandates of Song-Beverly. 12 c) The failure of Defendants, and each of them, to refund the 13 consideration paid and payable or to replace the Subject Vehicle with a similar vehicle 14 free from defects, justifies an award of a Civil Penalty in an amount not to exceed two 15 times EGELHOFER’s actual damages, as provided in Song-Beverly. 16 38. a) As a direct result of the actions of Defendants, and each of them, and 17 in pursuing EGELHOFER’s claim, it was necessary for EGELHOFER to retain legal 18 counsel. 19 b) Under Song-Beverly, EGELHOFER is entitled to the recovery of 20 attorney’s fees based upon actual time expended, and to the recovery of all costs and 21 expenses reasonably incurred in pursuing this matter. 22 PRAYER 23 WHEREFORE, EGELHOFER prays for judgment against Defendants, and each 24 of them, as follows: 25 1. For replacement or restitution, at EGELHOFER’s option as required under 26 Song-Beverly, in an amount not less than $38,216.63; 27 2. For incidental damages, according to proof; 28 3. For consequential damages, according to proof; 8 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.] 1 4. For prejudgment interest at the legal rate; 2 5. For a civil penalty as provided in Song-Beverly, in an amount not to exceed 3 two times the amount of EGELHOFER’s actual damages; 4 6. For attorney’s fees based upon actual time expended, according to proof; 5 7. For all costs and expenses of suit incurred; and, 6 8. For such other and further relief as this Court may deem just and proper. 7 8 Dated: March 8, 2024 MANOOKIAN LAW, APLC 9 10 Claude Manookian, Esq. 11 Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 COMPLAINT FOR DAMAGES IN VIOLATION OF SONG-BEVERLY CONSUMER WARRANTY ACT [Civil Code § 1790 et seq.]