On January 30, 2024 a
Complaint,Petition
was filed
involving a dispute between
Clinkscales-Gabasan, Malaika M,
Gabasan Jr., Romeo,
and
Does 1 Through 10, Inclusive,
Subaru Of America, Inc.,
Subaru Of San Bernardino,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
STRATEGIC LEGAL PRACTICES ELECTRONICALLY FILED
A PROFESSIONAL CORPORATION SUPERIOR COURT OF CALIFORNIA
Tionna Carvalho (SBN 299010) COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
tcarvalho@slpattorney.com
Sanam Vaziri (SBN 177384) 1/30/2024 12:01 PM
(emailservices@slpattornev.com)
By: Priscilla Saldana, DEPUTY
1888 Century Park East, 19th Floor
Los Angeles, CA 90067
Telephone: (310) 929—4900
Facsimile: (3 10) 943 -3838
\OOOVO Attorneys for Plaintiffs:
MALAIKA M CLINKSCALES-GABASAN AND ROMEO GABASAN JR
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO
11
APC
90067
12
CA
MALAIKA M CLINKSCALES-GABASAN Case NO.:CIVSBz40421
9
PRACTICES,
ANGELES,
13 AND ROMEO GABASAN JR,
LOS
Hon.
430,
14 Plaintiffs, Dept.
SUITE
15
LEGAL EAST, vs.
PARK
16 COMPLAINT FOR VIOLATION OF
SUBARU OF NORTH AMERICA, INC.; STATUTORY OBLIGATIONS
STRATEGIC
CENTURY
17 SUBARU OF SAN BERNARDINO; and DOES
1840
1 through 10, inclusive,
18 JURY TRIAL DEMANDED
Defendants.
19
20
21
22
23
24
25
26
27
28
COMPLAINT; JURY TRIAL DEMANDED
Plaintiffs allege as follows:
PARTIES
1. As used in this Complaint, the word "Plaintiffs" shall refer to Plaintiffs
MALAIKA M CLINKSCALES-GABASAN AND ROMEO GABASAN JR.
2. Plaintiffs are residents 0f San Bernardino County, California.
3. As used in this Complaint, the word "Defendants" shall refer to all Defendants
named in this Complaint.
4. Defendant SUBARU OF NORTH AMERICA, INC. ("Defendant SUBARU") is
a corporation organized and in existence under the laws of the State of Delaware and registered
10 with the California Department 0f Corporations t0 conduct business in California. At all times
11 relevant herein, Defendant was engaged in the business 0f designing, manufacturing,
90067
12 constructing, assembling, marketing, distributing, and selling automobiles and other motor
CA
ANGELES,
13 vehicles and motor vehicle components in San Bernardino County, California.
LOS
430,
14 5. Defendant SUBARU OF SAN BERNARDINO ("SOSB") is an unknown
SUITE
business entity organized and in existence under the laws 0f the State 0f California. At
STRATEGH:LEGALPRACTKEBVAPC
15 all times
EAST,
PARK
16 relevant herein, Defendant was engaged in the business of selling automobiles and automobile
CENTURY
17 components, and servicing and repairing automobiles in San Bemardino County, California.
1840
18 6. Plaintiffs are ignorant of the true names and capacities of the Defendants sued
19 under the fictitious names DOES 1 to 10. They are sued pursuant to Code 0f Civil Procedure
20 section 474. When Plaintiffs become aware of the true names and capacities of the Defendants
21 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and
22 capacities.
23 7. By filing this Complaint, Plaintiffs hereby revoke acceptance of the Subject
24 Vehicle yet again.
25 FACTUAL BACKGROUND
26 8. On 0r about December 26, 2016, Plaintiffs entered into a warranty contract with
27 Defendant SUBARU regarding a Certified Pre-Owned 2015 Subaru Forester, vehicle
28
1
COMPLAINT; JURY TRIAL DEMANDED
Document Filed Date
January 30, 2024
Case Filing Date
January 30, 2024
Category
Breach of Contract/Warranty Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
STRATEGIC LEGAL PRACTICES ELECTRONICALLY FILED A PROFESSIONAL CORPORATION SUPERIOR COURT OF CALIFORNIA Tionna Carvalho (SBN 299010) COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT tcarvalho@slpattorney.com Sanam Vaziri (SBN 177384) 1/30/2024 12:01 PM (emailservices@slpattornev.com) By: Priscilla Saldana, DEPUTY 1888 Century Park East, 19th Floor Los Angeles, CA 90067 Telephone: (310) 929—4900 Facsimile: (3 10) 943 -3838 \OOOVO Attorneys for Plaintiffs: MALAIKA M CLINKSCALES-GABASAN AND ROMEO GABASAN JR SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 APC 90067 12 CA MALAIKA M CLINKSCALES-GABASAN Case NO.:CIVSBz40421 9 PRACTICES, ANGELES, 13 AND ROMEO GABASAN JR, LOS Hon. 430, 14 Plaintiffs, Dept. SUITE 15 LEGAL EAST, vs. PARK 16 COMPLAINT FOR VIOLATION OF SUBARU OF NORTH AMERICA, INC.; STATUTORY OBLIGATIONS STRATEGIC CENTURY 17 SUBARU OF SAN BERNARDINO; and DOES 1840 1 through 10, inclusive, 18 JURY TRIAL DEMANDED Defendants. 19 20 21 22 23 24 25 26 27 28 COMPLAINT; JURY TRIAL DEMANDED Plaintiffs allege as follows: PARTIES 1. As used in this Complaint, the word "Plaintiffs" shall refer to Plaintiffs MALAIKA M CLINKSCALES-GABASAN AND ROMEO GABASAN JR. 2. Plaintiffs are residents 0f San Bernardino County, California. 3. As used in this Complaint, the word "Defendants" shall refer to all Defendants named in this Complaint. 4. Defendant SUBARU OF NORTH AMERICA, INC. ("Defendant SUBARU") is a corporation organized and in existence under the laws of the State of Delaware and registered 10 with the California Department 0f Corporations t0 conduct business in California. At all times 11 relevant herein, Defendant was engaged in the business 0f designing, manufacturing, 90067 12 constructing, assembling, marketing, distributing, and selling automobiles and other motor CA ANGELES, 13 vehicles and motor vehicle components in San Bernardino County, California. LOS 430, 14 5. Defendant SUBARU OF SAN BERNARDINO ("SOSB") is an unknown SUITE business entity organized and in existence under the laws 0f the State 0f California. At STRATEGH:LEGALPRACTKEBVAPC 15 all times EAST, PARK 16 relevant herein, Defendant was engaged in the business of selling automobiles and automobile CENTURY 17 components, and servicing and repairing automobiles in San Bemardino County, California. 1840 18 6. Plaintiffs are ignorant of the true names and capacities of the Defendants sued 19 under the fictitious names DOES 1 to 10. They are sued pursuant to Code 0f Civil Procedure 20 section 474. When Plaintiffs become aware of the true names and capacities of the Defendants 21 sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true names and 22 capacities. 23 7. By filing this Complaint, Plaintiffs hereby revoke acceptance of the Subject 24 Vehicle yet again. 25 FACTUAL BACKGROUND 26 8. On 0r about December 26, 2016, Plaintiffs entered into a warranty contract with 27 Defendant SUBARU regarding a Certified Pre-Owned 2015 Subaru Forester, vehicle 28 1 COMPLAINT; JURY TRIAL DEMANDED