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PRESTIGE LEGAL SOLUTIONS, P.C.
1 Michelle Yang, Esq. (SBN 325467)
Peter Maissian Esq. (SBN 339636)
2 6420 Wilshire Blvd., Suite 200
Los Angeles, CA 90048
3 Telephone: (310) 758-1283
Fax: (310) 933-5821
4 Electronic Service: eservice@plsfirm.com
5 Attorneys for Plaintiff,
ADLEA MORENO
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF LOS ANGELES
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10 ADLEA MORENO, an individual, Case No.:
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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GENERAL MOTORS LLC, a Delaware limited STATUTORY OBLIGATIONS
14 liability company, and DOES 1-10, inclusive,
15 JURY TRIAL DEMANDED
16 Defendants.
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COMPLAINT; JURY TRIAL DEMANDED
1 Plaintiff Adlea Moreno (“Plaintiff”) alleges as follows:
2 PARTIES
3 1. As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Adlea
4 Moreno.
5 2. Plaintiff is, and at all times relevant herein was, a resident of Thousand Palms,
6 California.
7 3. As used in this Complaint, the word "Defendant" shall refer to Defendant General
8 Motors LLC.
9 4. Defendant is, and at all times relevant herein was, a limited liability company
10 organized under the laws of the State of Delaware and registered to conduct business in California.
PRESTIGE LEGAL SOLUTIONS, P.C.
11 At all times relevant herein, Defendant was engaged in the business of designing,
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 manufacturing, assembling, producing, constructing, marketing, distributing, and/or selling
13 consumer goods, including but not limited to motor vehicles and motor vehicle components.
14 5. Plaintiff is ignorant of the true names and capacities of the Defendants sued under
15 the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
16 Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
17 Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
18 and capacities.
19 6. Plaintiff hereby revokes acceptance of their 2023 Chevrolet Silverado 1500, VIN
20 3GCPDBEK5PG311177 (“Subject Vehicle”).
21 7. Plaintiff hereby demands a jury trial on all causes of action asserted herein.
22 FIRST CAUSE OF ACTION
23 BY PLAINTIFF AGAINST DEFENDANT
24 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
25 8. Plaintiff incorporates by reference the allegations contained in the paragraphs set
26 forth above.
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COMPLAINT; JURY TRIAL DEMANDED
1 9. On or around July 26, 2023, Plaintiff purchased Subject Vehicle. Subject Vehicle
2 is a new motor vehicle, as the term is defined by California Civil Code section 1793.22(e)(2).1
3 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: brakes and infotainment defects (Subject Vehicle’s “defects”). These defects
17 substantially impair the use, value, and/or safety of Subject Vehicle to Plaintiff.
18 13. Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and
19 repair facilities for diagnosis and repair of the defects.
20 14. Defendant and/or its authorized service and repair facilities failed to service or
21 repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
22 of opportunities to do so.
23 15. Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
24 restitution to Plaintiff as required by Civil Code section 1793.2(d).
25 16. Plaintiff has been damaged by Defendant's failure to comply with its obligations
26 under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil
27 Code section 1794.
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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 17. Defendant's failure to comply with its obligations under Civil Code section
2 1793.2(d) 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 up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c).
5 SECOND CAUSE OF ACTION
6 BY PLAINTIFF AGAINST DEFENDANT
7 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
8 18. Plaintiff incorporates by reference the allegations contained in the paragraphs set
9 forth above.
10 19. Defendant maintains service and repair facilities and/or designates independent
PRESTIGE LEGAL SOLUTIONS, P.C.
11 service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 intended to carry out the terms of Defendant’s express warranties.
13 20. Although Plaintiff presented Subject Vehicle to Defendant's representatives in
14 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
15 repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
16 21. 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 complete
18 repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend
19 the time for completion of repairs beyond the requisite thirty days.
20 22. Plaintiff has been damaged by Defendant's and/or its representatives’ failure to
21 comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant
22 to Civil Code section 1794.
23 23. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject
24 Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff
25 does so again.
26 24. Defendant's failure to comply with its obligations under Civil Code section
27 1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
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COMPLAINT; JURY TRIAL DEMANDED
1 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
2 two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c).
3 THIRD CAUSE OF ACTION
4 BY PLAINTIFF AGAINST DEFENDANT
5 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
6 25. Plaintiff incorporates by reference the allegations contained in the paragraphs set
7 forth above.
8 26. In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
9 available to its authorized service and repair facilities sufficient service literature and/or
10 replacement parts to effect repairs during the express warranty period.
PRESTIGE LEGAL SOLUTIONS, P.C.
11 27. Plaintiff has been damaged by Defendant's failure to comply with its obligations
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant
13 to Civil Code section 1794.
14 28. Defendant's failure to comply with its obligations under Civil Code section
15 1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
16 declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times
17 Plaintiff's actual damages, pursuant to Civil Code section 1794(c).
18 FOURTH CAUSE OF ACTION
19 BY PLAINTIFF AGAINST DEFENDANT
20 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
21 (CIV. CODE § 1791.1; § 1794)
22 29. Plaintiff incorporates by reference the allegations contained in the paragraphs set
23 forth above.
24 30. Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
25 accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
26 section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
27 duration of the express written warranty provided by Defendant.
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COMPLAINT; JURY TRIAL DEMANDED
1 31. Due to the aforementioned defects, Subject Vehicle was not of the same quality
2 as those generally acceptable in the trade; did not pass without objection in the trade; was not
3 fit for the ordinary purposes for which such goods are used; was not adequately contained,
4 packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
5 or label.
6 32. Plaintiff was harmed by the breach of the implied warranty of merchantability.
7 33. Defendant's failure to comply with its obligations under the implied warranty
8 was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action
9 pursuant to Civil Code section 1794.
10 PRAYER
PRESTIGE LEGAL SOLUTIONS, P.C.
11 Wherefore, Plaintiff prays for judgment against Defendant as follows:
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
12 a. For Plaintiff’s actual damages in an amount according to proof;
13 b. For restitution;
14 c. For a civil penalty in the amount of two times Plaintiff’s actual damages
15 pursuant to Civil Code section 1794(c);
16 d. For any consequential and incidental damages in an amount according to
17 proof;
18 e. For remedies authorized by California Commercial Code sections 2711,
19 2712, and/or 2713;
20 f. For costs and expenses of the suit, and for Plaintiff’s reasonable
21 attorneys’ fees, pursuant to Civil Code section 1794(d);
22 g. For prejudgment interest at the legal rate; and
23 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: March 22, 2024 PRESTIGE LEGAL SOLUTIONS, P.C.
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BY: _________________________________
6 Michelle Yang, Esq.
Peter Maissian Esq.
7 Attorneys for Plaintiff,
ADLEA MORENO
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COMPLAINT; JURY TRIAL DEMANDED
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PRESTIGE LEGAL SOLUTIONS, P.C. 1 Michelle Yang, Esq. (SBN 325467) Peter Maissian Esq. (SBN 339636) 2 6420 Wilshire Blvd., Suite 200 Los Angeles, CA 90048 3 Telephone: (310) 758-1283 Fax: (310) 933-5821 4 Electronic Service: eservice@plsfirm.com 5 Attorneys for Plaintiff, ADLEA MORENO 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF LOS ANGELES 9 10 ADLEA MORENO, an individual, Case No.: 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 GENERAL MOTORS LLC, a Delaware limited STATUTORY OBLIGATIONS 14 liability company, and DOES 1-10, 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 Adlea Moreno (“Plaintiff”) alleges as follows: 2 PARTIES 3 1. As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Adlea 4 Moreno. 5 2. Plaintiff is, and at all times relevant herein was, a resident of Thousand Palms, 6 California. 7 3. As used in this Complaint, the word "Defendant" shall refer to Defendant General 8 Motors LLC. 9 4. Defendant is, and at all times relevant herein was, a limited liability company 10 organized under the laws of the State of Delaware and registered to conduct business in California. PRESTIGE LEGAL SOLUTIONS, P.C. 11 At all times relevant herein, Defendant was engaged in the business of designing, 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 manufacturing, assembling, producing, constructing, marketing, distributing, and/or selling 13 consumer goods, including but not limited to motor vehicles and motor vehicle components. 14 5. Plaintiff is ignorant of the true names and capacities of the Defendants sued under 15 the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil 16 Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the 17 Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names 18 and capacities. 19 6. Plaintiff hereby revokes acceptance of their 2023 Chevrolet Silverado 1500, VIN 20 3GCPDBEK5PG311177 (“Subject Vehicle”). 21 7. Plaintiff hereby demands a jury trial on all causes of action asserted herein. 22 FIRST CAUSE OF ACTION 23 BY PLAINTIFF AGAINST DEFENDANT 24 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2 25 8. Plaintiff incorporates by reference the allegations contained in the paragraphs set 26 forth above. 27 28 1 COMPLAINT; JURY TRIAL DEMANDED 1 9. On or around July 26, 2023, Plaintiff purchased Subject Vehicle. Subject Vehicle 2 is a new motor vehicle, as the term is defined by California Civil Code section 1793.22(e)(2).1 3 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: brakes and infotainment defects (Subject Vehicle’s “defects”). These defects 17 substantially impair the use, value, and/or safety of Subject Vehicle to Plaintiff. 18 13. Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and 19 repair facilities for diagnosis and repair of the defects. 20 14. Defendant and/or its authorized service and repair facilities failed to service or 21 repair Subject Vehicle to conform to the applicable express warranties after a reasonable number 22 of opportunities to do so. 23 15. Despite this fact, Defendant failed to promptly replace Subject Vehicle or make 24 restitution to Plaintiff as required by Civil Code section 1793.2(d). 25 16. Plaintiff has been damaged by Defendant's failure to comply with its obligations 26 under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil 27 Code section 1794. 28 1 All subsequent references to the Civil Code refer to the California Civil Code. 2 COMPLAINT; JURY TRIAL DEMANDED 1 17. Defendant's failure to comply with its obligations under Civil Code section 2 1793.2(d) 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 up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c). 5 SECOND CAUSE OF ACTION 6 BY PLAINTIFF AGAINST DEFENDANT 7 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2 8 18. Plaintiff incorporates by reference the allegations contained in the paragraphs set 9 forth above. 10 19. Defendant maintains service and repair facilities and/or designates independent PRESTIGE LEGAL SOLUTIONS, P.C. 11 service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 intended to carry out the terms of Defendant’s express warranties. 13 20. Although Plaintiff presented Subject Vehicle to Defendant's representatives in 14 this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence 15 repairs within a reasonable time, in violation of Civil Code section 1793.2(b). 16 21. 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 complete 18 repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend 19 the time for completion of repairs beyond the requisite thirty days. 20 22. Plaintiff has been damaged by Defendant's and/or its representatives’ failure to 21 comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant 22 to Civil Code section 1794. 23 23. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject 24 Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff 25 does so again. 26 24. Defendant's failure to comply with its obligations under Civil Code section 27 1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations 28 3 COMPLAINT; JURY TRIAL DEMANDED 1 and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of 2 two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c). 3 THIRD CAUSE OF ACTION 4 BY PLAINTIFF AGAINST DEFENDANT 5 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2 6 25. Plaintiff incorporates by reference the allegations contained in the paragraphs set 7 forth above. 8 26. In violation of Civil Code section 1793.2(a)(3), Defendant failed to make 9 available to its authorized service and repair facilities sufficient service literature and/or 10 replacement parts to effect repairs during the express warranty period. PRESTIGE LEGAL SOLUTIONS, P.C. 11 27. Plaintiff has been damaged by Defendant's failure to comply with its obligations 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant 13 to Civil Code section 1794. 14 28. Defendant's failure to comply with its obligations under Civil Code section 15 1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally 16 declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times 17 Plaintiff's actual damages, pursuant to Civil Code section 1794(c). 18 FOURTH CAUSE OF ACTION 19 BY PLAINTIFF AGAINST DEFENDANT 20 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY 21 (CIV. CODE § 1791.1; § 1794) 22 29. Plaintiff incorporates by reference the allegations contained in the paragraphs set 23 forth above. 24 30. Pursuant to Civil Code section 1792, the sale of Subject Vehicle was 25 accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code 26 section 1791.1(c), the duration of the implied warranty is coextensive in duration with the 27 duration of the express written warranty provided by Defendant. 28 4 COMPLAINT; JURY TRIAL DEMANDED 1 31. Due to the aforementioned defects, Subject Vehicle was not of the same quality 2 as those generally acceptable in the trade; did not pass without objection in the trade; was not 3 fit for the ordinary purposes for which such goods are used; was not adequately contained, 4 packaged, and labeled; and/or did not measure up to the promises or facts stated on the container 5 or label. 6 32. Plaintiff was harmed by the breach of the implied warranty of merchantability. 7 33. Defendant's failure to comply with its obligations under the implied warranty 8 was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action 9 pursuant to Civil Code section 1794. 10 PRAYER PRESTIGE LEGAL SOLUTIONS, P.C. 11 Wherefore, Plaintiff prays for judgment against Defendant as follows: 6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048 12 a. For Plaintiff’s actual damages in an amount according to proof; 13 b. For restitution; 14 c. For a civil penalty in the amount of two times Plaintiff’s actual damages 15 pursuant to Civil Code section 1794(c); 16 d. For any consequential and incidental damages in an amount according to 17 proof; 18 e. For remedies authorized by California Commercial Code sections 2711, 19 2712, and/or 2713; 20 f. For costs and expenses of the suit, and for Plaintiff’s reasonable 21 attorneys’ fees, pursuant to Civil Code section 1794(d); 22 g. For prejudgment interest at the legal rate; and 23 h. For such other equitable or legal relief as the Court may deem proper. 24 /// 25 /// 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: March 22, 2024 PRESTIGE LEGAL SOLUTIONS, P.C. 4 5 BY: _________________________________ 6 Michelle Yang, Esq. Peter Maissian Esq. 7 Attorneys for Plaintiff, ADLEA MORENO 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