On April 23, 2021 a
Party Statement
was filed
involving a dispute between
Lopez Magallon, Alicia,
and
Does 1-10,
General Motors, Llc,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
Tionna Carvalho (SBN 299010) ELECTRONICALLY FILED (Auk >)
Email: tcawalho@slpattomev.com SUPERIOR COURT OF CAL'FC RNIA
STRATEGIC LEGAL PRACTICES COUNTY 0F SAN BERNARD'N o
A Professional Corporation 2/16/2024 7:39 PM
1888 Century Park East, 19th Floor
Los Angeles, CA 90067
Telephone: (3 10)929-4900
Facsimile: (310) 943—3838
ROOOQQUI-PWNt—n
Attorney for Plaintiff,
ALICIA LOPEZ MAGALLON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
ALICIA LOPEZ MAGALLON, Case Number: CIVSB2111706
Plaintiff, Judge: Gilbert Ochoa
Department: $24
vs.
Complaint Filed: April 23, 2021
GENERAL MOTORS, LLC, and DOES 1
through 10, IHChlSlVe, PLAINTIFF’S PROPOSED
STATEMENT OF THE CASE
Defendants.
February 26, 2024
Trial:
Time: 10:00 a.m.
Dept: $24
Place: San Bernardino Courthouse SBJC
W
NNNNNNNNNHHr—tt—Hr—tt—Hr—tt—t
247 3rd St,
San Bernardino, CA 92415
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TO THE HONORABLE COURT:
Plaintiff ALICIA LOPEZ MAGALLON (“Plaintiff”) hereby submits the following
Plaintiff’s Proposed Statement of the Case for trial in this matter.
Plaintiff ALICIA LOPEZ MAGALLON purchased a new 2019 Chevrolet Silverado
1500 (vehicle identification number 1GCUYEED4K2124547, henceforth known as “Subj ect
Vehicle” or “Vehicle) 0n or about April 30, 2019, which was manufactured and/or distributed
by Defendants, from Defendants’ authorized retailer.
Page 1
PROPOSED STATEMENT OF THE CASE
Plaintiff ALICIA LOPEZ MAGALLON contends that Defendant GENERAL
MOTORS, LLC breached its express warranty and implied warranty obligations under the
Song-Beverly Consumer Warranty Act. Plaintiff ALICIA LOPEZ MAGALLON contends
that Defendant failed t0 repair substantially impairing defects under the warranty within a
KOOOQONUI-hLNNt—t
reasonable number 0f repairs attempts, and that the Subj ect Vehicle was not the same quality
as those generally accepted in the trade or fit for the ordinary purpose for Which it was to be
used. Plaintiff ALICIA LOPEZ MAGALLON contends that Defendant failed t0 provide
adequate literature and parts to its repair facilities and failed to commence repairs Within a
reasonable time or complete them Within 3O days. Plaintiff ALICIA LOPEZ MAGALLON
also contends that Defendant’s Violations of the Song-Beverly Consumer Warranty Act were
willful, entitling them t0 additional damages for Defendants’ wrongful conduct. Plaintiff
ALICIA LOPEZ MAGALLON also claims that Defendant GENERAL MOTORS, LLC
committed fraud by allowing the Vehicle t0 be sold t0 ALICIA LOPEZ MAGALLON without
disclosing that the Vehicle was defective and susceptible t0 sudden and catastrophic failure.
NNNNNNNNNb—tr—tr—tb—tr—tr—tb—tr—tr—tb—t
Through this lawsuit, Plaintiff ALICIA LOPEZ MAGALLON seeks a repurchase 0f
the Subject Vehicle and civil penalties based 0n Defendant alleged willful failure to
repurchase 01' replace the Subject Vehicle.
OOQQKJl-RUJNF—‘OOOONQM-PWNHO
Defendant disputes that it breached its warranty obligations under the Song-Beverly Act
in regard to the 2019 Chevrolet Silverado 1500. GM alleges it honored its warranty obligations
at all times and successfully repaired the Vehicle within a reasonable number of repair attempts
and Within a reasonable amount 0f time. GM further disputes that it willfully failed t0 repurchase
the 2019 Chevrolet Silverado 1500.
Page 2
PROPOSED STATEMENT OF THE CASE
Document Filed Date
February 16, 2024
Case Filing Date
April 23, 2021
Category
Breach of Contract/Warranty Unlimited
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Preview
Tionna Carvalho (SBN 299010) ELECTRONICALLY FILED (Auk >) Email: tcawalho@slpattomev.com SUPERIOR COURT OF CAL'FC RNIA STRATEGIC LEGAL PRACTICES COUNTY 0F SAN BERNARD'N o A Professional Corporation 2/16/2024 7:39 PM 1888 Century Park East, 19th Floor Los Angeles, CA 90067 Telephone: (3 10)929-4900 Facsimile: (310) 943—3838 ROOOQQUI-PWNt—n Attorney for Plaintiff, ALICIA LOPEZ MAGALLON SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO ALICIA LOPEZ MAGALLON, Case Number: CIVSB2111706 Plaintiff, Judge: Gilbert Ochoa Department: $24 vs. Complaint Filed: April 23, 2021 GENERAL MOTORS, LLC, and DOES 1 through 10, IHChlSlVe, PLAINTIFF’S PROPOSED STATEMENT OF THE CASE Defendants. February 26, 2024 Trial: Time: 10:00 a.m. Dept: $24 Place: San Bernardino Courthouse SBJC W NNNNNNNNNHHr—tt—Hr—tt—Hr—tt—t 247 3rd St, San Bernardino, CA 92415 OOQONMJ>WN~O©OOQ©UIJ>UJNHO TO THE HONORABLE COURT: Plaintiff ALICIA LOPEZ MAGALLON (“Plaintiff”) hereby submits the following Plaintiff’s Proposed Statement of the Case for trial in this matter. Plaintiff ALICIA LOPEZ MAGALLON purchased a new 2019 Chevrolet Silverado 1500 (vehicle identification number 1GCUYEED4K2124547, henceforth known as “Subj ect Vehicle” or “Vehicle) 0n or about April 30, 2019, which was manufactured and/or distributed by Defendants, from Defendants’ authorized retailer. Page 1 PROPOSED STATEMENT OF THE CASE Plaintiff ALICIA LOPEZ MAGALLON contends that Defendant GENERAL MOTORS, LLC breached its express warranty and implied warranty obligations under the Song-Beverly Consumer Warranty Act. Plaintiff ALICIA LOPEZ MAGALLON contends that Defendant failed t0 repair substantially impairing defects under the warranty within a KOOOQONUI-hLNNt—t reasonable number 0f repairs attempts, and that the Subj ect Vehicle was not the same quality as those generally accepted in the trade or fit for the ordinary purpose for Which it was to be used. Plaintiff ALICIA LOPEZ MAGALLON contends that Defendant failed t0 provide adequate literature and parts to its repair facilities and failed to commence repairs Within a reasonable time or complete them Within 3O days. Plaintiff ALICIA LOPEZ MAGALLON also contends that Defendant’s Violations of the Song-Beverly Consumer Warranty Act were willful, entitling them t0 additional damages for Defendants’ wrongful conduct. Plaintiff ALICIA LOPEZ MAGALLON also claims that Defendant GENERAL MOTORS, LLC committed fraud by allowing the Vehicle t0 be sold t0 ALICIA LOPEZ MAGALLON without disclosing that the Vehicle was defective and susceptible t0 sudden and catastrophic failure. NNNNNNNNNb—tr—tr—tb—tr—tr—tb—tr—tr—tb—t Through this lawsuit, Plaintiff ALICIA LOPEZ MAGALLON seeks a repurchase 0f the Subject Vehicle and civil penalties based 0n Defendant alleged willful failure to repurchase 01' replace the Subject Vehicle. OOQQKJl-RUJNF—‘OOOONQM-PWNHO Defendant disputes that it breached its warranty obligations under the Song-Beverly Act in regard to the 2019 Chevrolet Silverado 1500. GM alleges it honored its warranty obligations at all times and successfully repaired the Vehicle within a reasonable number of repair attempts and Within a reasonable amount 0f time. GM further disputes that it willfully failed t0 repurchase the 2019 Chevrolet Silverado 1500. Page 2 PROPOSED STATEMENT OF THE CASE