Complaint,Petition: JORGE LUIS REQUE VS FCA US, LLC.

On April 19, 2024 a Complaint,Petition was filed involving a dispute between Reque Jorge Luis, and Fca Us Llc., for Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction) in the District Court of Los Angeles County.

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Tionna Carvalho (SBN 299010)
Email: tearvalho@slpattorney.com Electronically FILED by
Sanam Vaziri (SBN 177384) Superior Court of California,
County of Los An ge les
Email: svaziri@slpattorney.com 4/19/2024 5:24 PI
(emailservices@slpattorney.com) David W. Slayton,
Executive Officer/Clerk of Court,
Strategic Legal Practices, APC By C. Haroutunian, Deputy Clerk
1888 Century Park East, 19" Floor
Los Angeles, CA 90067
Telephone: (310) 929-4900
Facsimile: (310) 943-3838

Attorneys for Plaintiff:
JORGE LUIS REQUE

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 COUNTY OF LOS ANGELES
a.
12

13 JORGE LUIS REQUE, Case No... 24¥VEC¥O1S1 +
14 Plaintiff, Hon.
15 Dept.
vs.
16
FCA US, LLC.; and DOES | through 10,
17 inclusive, COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
18 Defendants.
19
JURY TRIAL DEMANDED
20

COMPLAINT; JURY TRIAL DEMANDED
Plaintiff alleges as follows:

PARTIES

1 As used in this Complaint, the word "Plaintiff" shall refer to Plaintiff JORGE

LUIS REQUE.

2 Plaintiff is a resident of Los Angeles County, California.

3 As used in this Complaint, the word "Defendants" shall refer to all Defendants

named in this Complaint.

4 Defendant FCA US, LLC. ("Defendant FCA") is a corporation organized and in

existence under the laws of the State of Delaware and registered with the California Department

10 of Corporations to conduct business in California. At all times relevant herein, Defendant was

11 engaged in the business of designing, manufacturing, constructing, assembling, marketing,
a.
12 distributing, and selling automobiles and other motor vehicles and motor vehicle components

13 in Los Angeles County, California.

14 5 Plaintiffis ignorant of the true names and capacities of the Defendants sued under

15 the fictitious names DOES | to 10. They are sued pursuant to Code of Civil Procedure section

16 474. When Plaintiff becomes aware of the true names and capacities of the Defendants sued as

17 DOES 1 to 10, Plaintiff will amend this Complaint to state their true names and capacities.

18 6 By filing this Complaint, Plaintiff hereby revokes acceptance of the Subject

19 Vehicle yet again.

20 FACTUAL BACKGROUND

21 7 On or about July 15, 2023, Plaintiff entered into a warranty contract with

22 Defendant FCA regarding a 2023 Ram 1500, vehicle identification number

23 1C6RREFT8PN626718 (hereafter "Vehicle"), which was manufactured and/or distributed by

24 Defendant FCA.

25 8 The warranty contract contained various warranties, including but not limited to

26 the bumper-bumper warranty, powertrain warranty, emission warranty, etc. A true and correct

27 copy of the warranty contract is attached hereto as Exhibit A. The terms of the express warranty

28 are described in Exhibit A and are incorporated herein. In addition to these warranties,

1
COMPLAINT; JURY TRIAL DEMANDED
Defendant FCA also provided Plaintiff with a California Emission Warranty, which Plaintiff

requests Defendant FCA produce as part of its discovery obligations in this case.!

9 Pursuant to the Song-Beverly Consumer Warranty Act (the "Act") Civil Code

sections 1790 et seq. the Subject Vehicle constitutes "consumer goods" used primarily for

family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.

Plaintiffis a "buyer" of consumer goods under the Act. Defendant FCA is a "manufacturer" and/or

"distributor" under the Act.

10. Plaintiff justifiably revokes acceptance of the Subject Vehicle under Civil Code,

section 1794, et seq. by filing this Complaint and/or did so prior to filing the instant Complaint.

10 ll. These causes of action arise out of the warranty obligations of Defendant FCA in

11 connection with a motor vehicle for which Defendant FCA issued a written warranty.

12 12. Defects and nonconformities to warranty manifested themselves within the

13 applicable express warranty period, including but not limited to, engine defects, electrical

14 defects, climate control defects, infotainment defects; among other defects and non-

15 conformities.

16 13. Said defects/nonconformities substantially impair the use, value, or safety of the

17 Vehicle.

18 14. The value of the Vehicle is worthless and/or de minimis.

19 15. Under the Song-Beverly Act, Defendant FCA had an affirmative duty to

20 promptly offer to repurchase or replace the Subject Vehicle at the time it failed to conform the

21 Subject Vehicle to the terms of the express warranty after a reasonable number of repair

22 attempts.”

23
! Upon information and belief, FCA deliberately refuses to include the terms of the California emissions
24 warranties in its main express warranty booklet so that California consumers are kept in the dark when FCA fails
to comply with its warranty obligations under California's 7 years/70,000 miles emissions warranty, or other
25 California emission warranties, including but not limited to, Low Emission Vehicles warranties (which have an
even longer warranty term).
26
?"A manufacturer's duty to repurchase a vehicle does not depend on a consumer's request, but instead
27 arises as soon as the manufacturer fails to comply with the warranty within a reasonable time. (Krotin v. Porsche
Cars North America, Inc. (1995) 38 Cal.App.4th 294, 301-302, 45 Cal.Rptr.2d 10.) Chrysler performed the bridge
28 operation on Santana's vehicle in August 2014 with 30,262 miles on the odometer—within the three-year, 36,000
mile warranty. The internal e-mails demonstrating Chrysler's awareness of the safety risks inherent in the bridge
operation were sent in September 2013, and thus Chryslepwas well aware of the problem when it performed the
COMPLAINT; JURY TRIAL DEMANDED
16. Defendant FCA has failed to either promptly replace the Subject Vehicle or to

promptly make restitution in accordance with the Song-Beverly Act.

17. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the

vehicle less that amount directly attributable to use by the Plaintiff prior to the first presentation

to an authorized repair facility for a nonconformity.

18. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code,

section 1794, et seq.

19. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section

1794, et seq.

10 20. Plaintiff is entitled to recover any "cover" damages under Civil Code, section

11 1794, et seq.
a.
we
12 21. Plaintiff is entitled to recover all incidental and consequential damages pursuant

13 to Civil Code, section 1794 et seq.

14 22. Plaintiff suffered damages in a sum to be proven at trial in an amount that is not

15 less than $35,001.00.

16 23. Plaintiffis entitled to all incidental, consequential, and general damages resulting

17 from Defendants' failure to comply with its obligations under the Song-Beverly Act.

18 TOLLING OF THE STATUTES OF LIMITATION

19 24. To the extent there are any statutes of limitation applicable to any of Plaintiff's

20 claims-the running of the limitation periods to any such claims have been tolled by, inter alia, the

21 following doctrines or rules: equitable tolling, the discovery rule, the fraudulent concealment

22 rules, equitable estoppel, the repair rule, and/or class action tolling (e.g., the American Pipe rule)

23 arising from the pendency of Alfonso and Arlene Moran et al. v. FCA US LLC, Case No. 3:17-

24 02594-GPC (the Moran Class Action), in the United States District Court for the Southern District

25
bridge operation on Santana's vehicle. Thus, Chrysler's duty to repurchase or provide restitution arose prior to the
26 expiration of the three-year, 36,000 mile warranty. Moreover, although we do not have the actual five-year,
100,000 mile power train warranty in our record, Santana's expert testified that the no-start/stalling issues Santana
27 experienced were within the scope of the power train warranty, which was still active when Santana requested
repurchase in approximately January 2016, at 44,467 miles. Thus the premise of Chrysler's argument—that
28 Santana's request for repurchase was outside the relevant warranty—is not only irrelevant, but wrong." Santana v.
FCA US, LLC, 56 Cal. App. Sth 334, 270 Cal. Rptr. 3d 335 (2020).
3
COMPLAINT; JURY TRIAL DEMANDED
of California; the Moran Class Action was previously known as Ryan and Sarah Wildin et al. v.

FCA US LLC, Case No. 3:17-02594-GPC-MDD. The Class Action was filed on December 30,

2017, and the final approval is dated February 15, 2023.

A. Class Action Tolling

25. Under the tolling rule articulated in Am. Pipe & Const. Co. v. Utah, 414 U.S. 538,

94 S. Ct. 756, 38 L. Ed. 2d 713 (1974) ("American Pipe"), the filing of a class action lawsuit in

federal court tolls the statute of limitations for the claims of unnamed class members until the

class certification issue is resolved. In applying American Pipe tolling to California cases, the

California Supreme Court summarized the tolling rule derived from American Pipe and stated

10 that the statute of limitations is tolled from the time of commencement of the suit to the time of

11 denial of certification for all purported members of the class. Jolly v. Eli Lilly & Co., 44 Cal.3d
a.
12 1103, 1119 (1988). Tolling lasts from the day a class claim is asserted until the day the suit is

13 conclusively not a class action. Falk v. Children's Hosp. Los Angeles, 237 Cal. App. 4th 1454,

14 1464 (2015).
15 26. The tolling of Plaintiff's individual statute of limitations encourages the protection

16 of efficiency and economy in litigation as promoted by the class action devise, so that putative

17 class members would not find it necessary to seek to intervene or to join individually because of

18 fear the class might never be certified or putative class members may subsequently seek to request

19 exclusion.

20 B Discovery Rule Tolling

21 27. Making it even more difficult to discover that the Subject Vehicle suffered from a

22 safety defect was Defendants! issuance of various TSBs and Recalls purporting to be able to fix

23 various symptoms of the defects.

24 28. As a result of the foregoing, Plaintiff did not become suspicious of Defendant's

25 concealment of the latent defects and its inability to repair it until shortly before filing of the

26 complaint, when the issue persisted following Defendant's representations that the Vehicle was

27 repaired.

28 29. Plaintiff always acted diligently in presenting the Subject Vehicle for repairs and

4
COMPLAINT; JURY TRIAL DEMANDED
following the directives of Defendant's authorized repair personnel.

30. Defendants were under a continuous duty to disclose to Plaintiff the true character,

quality, and nature of the Defendant Vehicles' suffering from the Defects, and the inevitable

repairs, costs, time, and monetary damage resulting from the Defects. Due in part to Defendant's

failure to do so, Plaintiff was unable to discover Defendant's wrongful conduct alleged herein

until the issues persisted following Defendants attempts to conform the Vehicle to its warranties.

31. Plaintiff
did not discover Defendant's wrongful conduct alleged herein until shortly

before the filing of the complaint, as the Vehicle continued to exhibit symptoms of defects

following FCA's unsuccessful attempts to repair them. However, Defendant FCA failed to provide

10 restitution pursuant to the Song — Beverly Consumer Warranty Act.

11 C. The Repair Doctrine
a.
12 32. The statute of limitations is tolled by various unsuccessful attempts to repair the

13 vehicle.

14 33. Additionally, the limitations period for warranty claims is tolled against a

15 defendant whenever that Defendant claims that the defect is susceptible to repair and attempts to

16 repair the defect.

17 34. Here, Defendant undertook to perform various defects repairs. During the time in

18 which Defendant represented to Plaintiff that the Vehicle was fixable and attempted to fix it, the

19 warranty period may thus have been tolled.

20 35. Plaintiff did not discover Defendants' wrongful conduct alleged herein until shortly

21 before the filing of the complaint, as stated in more detail above and incorporated herein by

22 reference.

23 FIRST CAUSE OF ACTION

24 BY PLAINTIFF AGAINST DEFENDANT FCA

25 VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2

26 36. Plaintiff incorporates by reference the allegations contained in the paragraphs set

27 forth above.

28 37. Defendant FCA and its representatives in this state have been unable to service

5
COMPLAINT; JURY TRIAL DEMANDED
or repair the Vehicle to conform to the applicable express warranties after a reasonable number

of opportunities. Despite this fact, Defendant FCA failed to promptly replace the Vehicle or

make restitution to Plaintiffas required by Civil Code section 1793.2, subdivision (d) and Civil

Code section 1793.1, subdivision (a)(2).

38. Plaintiff has been damaged by Defendant FCA's failure to comply with its

obligations pursuant to Civil Code section 1793.2, subdivision (d) and Civil Code section

1793.1, subdivision (a)(2), and therefore brings this cause of action pursuant to Civil Code

section 1794,

39. Defendant FCA's failure to comply with its obligations under Civil Code section

10 1793.2, subdivision (d) was willful, in that Defendant FCA and its representative were aware

11 that they were unable to service or repair the Vehicle to conform to the applicable express
a.
12 warranties after a reasonable number of repair attempts, yet Defendant FCA failed and refused

13 to promptly replace the Vehicle or make restitution. Accordingly, Plaintiff is entitled to a civil

14 penalty of two times Plaintiff's actual damages pursuant to Civil Code section 1794, subdivision

15 (c).
16 40. Defendant FCA does not maintain a qualified third-party dispute resolution

17 process which substantially complies with Civil Code section 1793.22. Accordingly, Plaintiff

18 is entitled to a civil penalty of two times Plaintiff's actual damages pursuant to Civil Code

19 section 1794, subdivision (e).

20 41. Plaintiff seeks civil penalties pursuant to Civil Code, section 1794, subdivisions

21 (c), and (e) in the alternative and does not seek to cumulate civil penalties, as provided in Civil

22 Code section 1794, subdivision (e).

23 SECOND CAUSE OF ACTION

24 BY PLAINTIFF AGAINST DEFENDANT FCA

25 VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2

26 42. Plaintiff incorporates by reference the allegations contained in the paragraphs set

27 forth above.

28 43. Although Plaintiff presented the Vehicle to Defendant FCA's representative in

6
COMPLAINT; JURY TRIAL DEMANDED
this state, Defendant FCA and its representative failed to commence the service or repairs within

a reasonable time and failed to service or repair the Vehicle so as to conform to the applicable

warranties within 30 days, in violation of Civil Code section 1793.2, subdivision (b). Plaintiff

did not extend the time for completion of repairs beyond the 30-day requirement.

44. Plaintiff has been damaged by Defendant FCA's failure to comply with its

obligations pursuant to Civil Code section 1793.2(b), and therefore brings this Cause of Action

pursuant to Civil Code section 1794.

45. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of the

Vehicle, and has exercised a right to cancel the purchase. By serving this Complaint, Plaintiff

10 does so again. Accordingly, Plaintiff seeks the remedies provided in California Civil Code

11 section 1794(b)(1), including the entire contract price. In the alternative, Plaintiff seeks the
a.
12 remedies set forth in California Civil Code section 1794(b)(2), including the diminution in value

13 of the Vehicle resulting from its defects. Plaintiff believes that, at the present time, the Vehicle's

14 value is de minimis.

15 46. Defendant FCA's failure to comply with its obligations under Civil Code section

16 1793.2(b) was wilful, in that Defendant FCA and its representative were aware that they were

17 obligated to service or repair the Vehicle to conform to the applicable express warranties within

18 30 days, yet they failed to do so. Accordingly, Plaintiffis entitled to a civil penalty of two times

19 Plaintiff's actual damages pursuant to Civil Code section 1794(c).

20 THIRD CAUSE OF ACTION

21 BY PLAINTIFF AGAINST DEFENDANT FCA

22 VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2

23 47. Plaintiff incorporates by reference the allegations contained in paragraphs set

24 forth above.

25 48. In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant FCA

26 failed to make available to its authorized service and repair facilities sufficient service literature

27 and replacement parts to effect repairs during the express warranty period. Plaintiff has been

28 damaged by Defendant FCA's failure to comply with its obligations pursuant to Civil Code

7
COMPLAINT; JURY TRIAL DEMANDED
section 1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil Code section

1794.

49. Defendant FCA's failure to comply with its obligations under Civil Code section

1793.2, subdivision (a)(3) was wilful, in that Defendant FCA knew of its obligation to provide

literature and replacement parts sufficient to allow its repair facilities to effect repairs during

the warranty period, yet Defendant FCA failed to take any action to correct its failure to comply

with the law. Accordingly, Plaintiff is entitled to a civil penalty of two times Plaintiff's actual

damages, pursuant to Civil Code section 1794(c).

FOURTH CAUSE OF ACTION

10 BY PLAINTIFF AGAINST DEFENDANT FCA

11 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
a.
12 (CIV. CODE, § 1791.1; § 1794; § 1795.5)
13 50. Plaintiff incorporates by reference the allegations contained in the paragraphs set

14 forth above.

15 S51. Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied

16 by Defendant FCA's implied warranty of merchantability. Pursuant to Civil Code section

17 1791.1, the duration of the implied warranty is coextensive in duration with the duration of the

18 express written warranty provided by Defendant FCA, except that the duration is not to exceed

19 one-year.
20 §2. Pursuant to Civil Code section 1791.1 (a), the implied warranty of

21 merchantability means and includes that the Vehicle will comply with each of the following

22 requirements: (1) The Vehicle will pass without objection in the trade under the contract

23 description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3)

24 The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to

25 the promises or affirmations of fact made on the container or label.

26 53. The subject vehicle was sold with one or more latent defect(s), as set forth above.

27 The existence of the said latent defect(s) constitutes a breach of the implied warranty because

28 the Vehicle (1) does not pass without objection in the trade under the contract description, (2)

8
COMPLAINT; JURY TRIAL DEMANDED
is not fit for the ordinary purposes for which such goods are used, (3) is not adequately

contained, packaged, and labelled, and (4) does not conform to the promises or affirmations of

fact made on the container or label.

54. Plaintiff has been damaged by Defendant FCA's failure to comply with its

obligations under the implied warranty, and therefore brings this Cause of Action pursuant to

Civil Code section 1794.

PRAYER

PLAINTIFF PRAYS for judgment against Defendants as follows:

For general, special and actual damages according to proof;

10 For restitution;

11 For any consequential and incidental damages;
a.
12 For a civil penalty in the amount of two times Plaintiff's actual damages

13 pursuant to Civil Code section 1794, subdivision (c) or (e);

14 For prejudgment interest at the legal rate;

15 For costs of the suit and Plaintiff's reasonable attorneys' fees pursuant to

16 Civil Code section 1794, subdivision (d); and

17 g For such other relief as the Court may deem proper.

18 DEMAND FOR JURY TRIAL

19 Plaintiff hereby demands a jury trial on all causes of action asserted herein.

20 Dated: April 2, 2024 STRATEGIC LEGAL PRACTICES, APC

21
‘ 1
22 BY:

23 TIONNA CARVALHO
Attorneys for Plaintiff
24
JORGE LUIS REQUE
25

9
COMPLAINT; JURY TRIAL DEMANDED
Exhibit A
@ re JA BVE Fe 4A IVa
SS

2023 WARRANTY INFORMATION - LIGHT DUTY GAS/DIESEL
First Edition V1
©2022 FCA US LLC. All Rights Reserved. Ram is a registered trademark of FCA US LLC. 23_R_LW_GW_EN_US
Second Owner's Name
Original Owner's Name
Street Addr
Street Address
City and State Zip Code
City and State Zip Code
Date of Second Purchase Mileage at Purchase

LULA |_||
Vehicle Identification Number
| LL Third Owner's Name

Warranty Start Date (In-Service Date) Mileage at Delivery Street Address

Selling Dealer Code
City and State Zip Code

Date of Third Purchase Mileage at Purchase
City State

Warranty caverage applies to all vehicle owners. To protect you in the event
of a recall or any questions concerning your warranty, please tell your dealer about any ownershipor
address change, and write the details here.

Please note that this new vehicle limited warranty contains a binding arbitration provision that may affect your legal rights, and you agree that,
pursuant to the arbitration provision contained in this book, that either you or FCA US LLC may elect to resolve any dispute by neutral, binding
arbitration and not by a court action. See the binding arbitration provision contained in “section 1.3” of this new vehicle limited warranty for
additional information concerning the agreement to arbitrate. The binding arbitration provision contained in this warranty book does not affect
@ RAM any rights a consumer has to participate in any of FCA’s nonbinding arbitration programs or any voluntary arbitration programs sponsored by B RAM
any state or government agency. For the most up-to-date warranty information go to Mopar.com
23_R_LW_GW_EN_US t.book Page 1

WARRANTY COVERAGE AT A GLANCE

Basic Limited Warranty Coverage Federal Emission Warranty
3 years/36,000 miles 2 years/24,000 miles
Specified Components 1 year/12,000 miles ‘Specified Components 8 years/80,000 miles
Anti-Corrosion Perforation Limited Warranty Emission Performance Warranty
All Panels 3 years/Unlimited mileage 2 years/24,000 miles
Outer Panels 5 years/Unlimited mileage ‘Specified Components 8 years/80,000 miles
Powertrain Limited Warranty
Gas Engine -5 years/60,000 miles
Diesel Engine - 5 years/100,000 miles
23_R_LW_GW_EN_US t.book Page 2

1. Your Legal Rights Under These Limited Warranties... 2.4. POWERTRAIN LIMITED WARRANTY
1.1. INCIDENTAL AND CONSEQUENTIAL DAMAGES NOT COVERED... A. Who Is Covered
1.2. FCA US LLC DISPUTE SETTLEMENT PROGRAM B. What Is Covere‘
1.3. VOLUNTARY BINDING ARBITRATION PROVISION C. How Long It Lasts
D. Towing Costs Are Covered.
2. What Is Covered Under FCA US LLC's Warranties E. Parts Covered...
2.1. BASIC LIMITED WARRANTY F. Other Provisions Of This Powertrain Limited Warranty
A. Who Is Covered
B. What Is Covered. 3. What Is Not Covered... 10
C. Items Covered By Other Warranties... 3.1. MODIFICATIONS NOT COVERED... 10
D. Towing Costs Are Covered Under Certain Circumstances. A. Some Modifications Do Not Void The Warranties But
E. When It Begins. Are Not Covered... 10
F. When It Ends... B. Modifications That WILL Void Your Warranties 10
G. Registration And Operation Requirements 3.2 ENVIRONMENTAL FACTORS NOT COVERED. 44
H. If You Move... 3.3. MAINTENANCE COSTS NOT COVERED.. 44
|. Vehicle Registration Notice 3.4. RACING NOT COVERE! 44
2.2. CORROSION WARRANTY. 3.5. CERTAIN KINDS OF CORROSION NOT COVERED . 44
A. Who Is Covered 3.6. OTHER EXCLUSIONS ... 12
B. What Is Covered. 3.7. TOTAL LOSS, SALVAGE, JUNK, OR SCRAP VEHICLES NOT
C. How Long It Lasts COVERED 12
D. What Is Not Covered . 3.8. RESTRICTED WARRANTY . . 12
2.3. RESTRAINT SYSTEM LIMITED WARRANTY (VEHICLES SOLD
AND REGISTERED IN THE STATE OF KANSAS ONLY)...
23_R_LW_GW_EN_US t.book Page 3

4. Other Terms Of Your Warranties... 13 6.3. EMERGENCY WARRANTY REPAIRS... 20
4.1. EXCHANGED PARTS MAY BE USED IN WARRANTY REPAIRS. 13 6.4. GETTING SERVICE UNDER THE FEDERAL EMISSION
4.2. PRE-DELIVERY SERVICE 13 PERFORMANCE WARRANTIES.. 20
4.3. PRODUCTION CHANGES 13 A. What To Do.... 20
B. Further Steps You Can Take, And How To Get More
5. Emission Warranties Required By Law 14 Information... 20
5.1. FEDERAL EMISSION WARRANTY.. 14
A. Parts Covered For Two Years Or 24,000 Miles. 14 7. How To Deal With Warranty Problems. 21
B. Parts Covered For Eight Years Or 80,000 Miles. 16 7.1. STEPS TO TAKE .... 21
5.2. EMISSION PERFORMANCE WARRANTY 17 A. In General... 21
B. What FCA US LLC Will Do 21
6. How To Get Warranty Service 18 C. Voluntary Non-Binding Arbitration Process 21
6.1. WHERE TO TAKE YOUR VEHICLE.. 18 D. Notice Under State Lemon Laws... 22
A. In the United States (We Include US Possessions And
Territories As Part Of The United States For Warranty 8. Helpful Addresses And Telephone Numbers. 23
Purposes) 18
B. In Canada And Mexico. 18 9. Optional Service Contract... 24
C. In A Foreign Country Outside Of North America. 18
6.2. HOW TO GET ROADSIDE ASSISTANCE SERVICE — U.S. OR 10. Maintenance... 25
CANADA ONLY *.... 18 10.1. GENERAL INFORMATION 25
A. Who Is Covered 18 10.2. WHERE TO GO FOR MAINTENANCE 25
B. What To Do. 19
C. If Unable To Contact Roadside Assistance 19
D. Covered Services. 19
23_R_LW_GW_EN_US t.book Page 4

4 YOUR LEGAL RIGHTS UNDER THESE LIMITED WARRANTIES

1. YOUR LEGAL RIGHTS UNDER THESE 1.1. INCIDENTAL AND CONSEQUENTIAL DAMAGES NOT COVERED
LIMITED WARRANTIES Your warranties do not cover any incidental or consequential damages.
connected with your vehicle’s failure, either while under warranty or
The warranties contained in this bookletare the only express warranties afterward.
‘that FCA US LLC (“FCA US”) makes for your vehicle. These warranties give
you specific legal rights. You may also have other rights that vary from
Examples of such damages include:
‘state to state. For example, you may have some implied warranties, * Lost time
depending on the state where your vehicle was sold or is registered. * Inconvenience
These implied warranties are limited, to the extent allowed by law, to the * The loss of the use of your vehicle
time periods covered by the express written warranties contained in this + The cost of rental vehicles, gasoline, telephone, travel, or lodging
booklet. + The loss of personal or commercial property
Ifyou use your vehicle primarily for business or commercial purposes, then * The loss of revenue
these implied warranties do not apply and FCA US LLC completely Some states do not allow incidental or consequential damages to be
disclaims them to the extent allowed by law. The implied warranty of excluded or limited, so this exclusion may not applyto you.
fitness fora particular purpose does not apply if your vehicle is used for
racing, even if the vehicle is equipped for racing, 1.2. FCA US LLC DISPUTE SETTLEMENT PROGRAM
Some states do not allow limitations on how long an implied warranty FCA US LLC offers a dispute settlement program under two options for
lasts, so the above limitations may not apply to you. customers. First, you may submit your claim to the National Center for
Dispute Settlement (NCDS). For more information on the NCDS program,
please see “section 7.1”. Second, if you prefer not to submit your claim to
NCDS, or you are not satisfied with the result from NCDS, then you agree
to resolve your dispute with FCA US LLC through binding arbitration as
defined in “section 1.:
23_R_LW_GW_EN_US t.book Page 5

YOUR LEGAL RIGHTS UNDER THESE LIMITED WARRANTIES 5

1.3. VOLUNTARY BINDING ARBITRATION PROVISION The arbitrator may only resolve disputes between you and FCA US LLC and
may not consolidate claims without the consent of all parties. You and FCA
Please carefully read this voluntary binding arbitration provision, which US LLC may bring claims against the other only in your or its individual
applies to any dispute between you and FCA US LLC and its affiliates capacity and not as a plaintiff or class member in any class or represen-
(together “FCA”, “we” or “us”). If you have a concern or dispute, please tative action. The arbitrator cannot hear class or representative claims on
send a written notice describing it and your desired resolution to FCA US. behalf of others purchasing or leasing FCA US LLC vehicles. If a court or
LLC Office of the General Counsel, 1000 Chrysler Drive, CIMS 485-13-62, arbitrator decides that any part of this agreement to arbitrate cannot be
Auburn Hills, MI 48326-2766. This binding arbitration provision does not enforced as to a particular claim for relief or remedy (such as declaratory
affect any rights a consumer has to participate in any of FCA US LLC’s relief), then that claim or remedy (and only that claim or remedy) shalll be
nonbinding arbitration programs or any voluntary arbitration programs severed and must be brought in court and any other claims must be
sponsored by any state or government agency. arbitrated.
If your concern or dispute is not resolved within 60 days, you agree that If you prefer, you may instead take an individual dispute to small claims
any dispute arising out of or relating to any aspect of the relationship court.
between you and FCA US LLC will not be decided by a judge or jury but
instead by a single arbitration administered by the American Arbitration You may opt out of arbitration within 30 days of taking delivery of the
Association (AAA) under its Consumer Arbitration Rules in effect at the vehicle and signing the Arbitration Acknowledgment Form at the dealer. To
time you signed the Agreement to Arbitrate. This includes claims arising opt out of the binding arbitration program, send a letter to: FCA US LLC
out of your warranty and claims arising before this agreement, such as Office of the General Counsel, 1000 Chrysler Drive, CIMS 485-13-62,
claims related to statements about our products. Auburn Hills, MI 48326-2766, stating your name, Vehicle Identification
Number (VIN), and intent to opt out of the arbitration provision. If you do
FCA US LLC will pay all AAA fees and costs for any arbitration, which will be not opt out, then this provision to arbitrate is binding.
held in the city or county of your residence. To learn more about the rules
and how to begin an arbitration, you may call any AAA office or go to
www.adr.org.
23_R_LW_GW_EN_US t.book Page 6

6 WHAT IS COVERED UNDER FCA US LLC'S WARRANTIES.

2. WHAT IS COVERED UNDER FCA US Be sure you get a copy of any warranty
that applies to these items from the
manufacturer of the product.
LLC's WARRANTIES
D. TowinG Costs ARE COVERED UNDER CERTAIN
2.1. BASIC LIMITED WARRANTY CIRCUMSTANCES

A. Wuo Is COVERED Roadside Assistance covers the cost of towing your vehicle to the nearest
authorized Chrysler, Dodge, Jeep®, or Ram dealer if your vehicle becomes
You are covered by the Basic Limited Warranty if you are a purchaser for disabled as a result of a mechanical breakdown. If you choose to go to another
use of the vehicle. dealer, you will be responsible for the cost. Referto “section 6.2” for infor-
B. WHAT Is CoVERED mation on how to get towing service in the United States and Canada.
The Basic Limited Warranty covers the cost of all parts and labor needed E. WHEN IT BEGINS
to repair any item on your vehicle when it left the manufacturing plant that The Basic Limited Warranty begins on either of the following dates,
is defective in material, workmanship or factory preparation. There is no whichever is earlier:
list of covered parts since the only exceptions are the parts listed in
“section 2.1 C’. These warranty repairs or adjustments, including all parts + The date you take delivery of the vehicle.
and labor connected with them, will be made by an authorized dealer at no * The date when the vehicle was first put into use, for example, as a dealer
charge, using new or remanufactured parts. “demo” or as an FCA US LLC company vehicle.

C. ITEMS CoVERED BY OTHER WARRANTIES F. WHEN IT ENDS

The followingare covered by separate warranties offered by their manufac- The Basic Limited Warranty lasts for three years from the date it begins or
turers. They are not covered by the Basic Limited Warranty: for 36,000 miles on the odometer, whichever occurs first. The following
.
items are covered only for one year or for 12,000 miles on the odometer,
Tires whichever occurs first:
. Headphones
. Items added or changed after your vehicle left the manufacturing plant, * Brakes (rotors, pads, linings, and drums)
such as accessories or protection products, or items changed because of * Bulbs
customization or van conversion * Clutch Discs or Modular Clutch Assembly (if equipped)
+ Wheel Alignment
23_R_LW_GW_EN_US t.book Page 7

WHAT IS COVERED UNDER FCA US LLC'S WARRANTIES 7

+ Wheel Balancing orderto continue your warrant

Case Info

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Valerie Salkin Track Judge’s New Case

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Document Filed Date

April 19, 2024

Case Filing Date

April 19, 2024

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Complaint,Petition: JORGE LUIS REQUE VS FCA US, LLC.

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