Preview
QUILL & ARROW, LLP
1
Kevin Y. Jacobson, Esq. (SBN 320532)
2 kjacobson@quillarrowlaw.com
Gregory Sogoyan, Esq. (SBN 316832)
3 gsogoyan@quillarrowlaw.com
Joshua Kohanoff, Esq. (SBN 346192)
4 jkohanoff@quillarrowlaw.com
5 e-service@quillarrowlaw.com
10880 Wilshire Blvd., Suite. 1600
6 Los Angeles, CA, 90024
Telephone: (310) 933-4271
7 Facsimile: (310) 889-0645
8
Attorneys for Plaintiff,
9 EDEN MOALEM
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF LOS ANGELES
13
14 EDEN MOALEM, an individual, Case No.:
Unlimited Jurisdiction
15
Plaintiff, COMPLAINT
16
vs. 1. VIOLATION OF SONG-BEVERLY
17 ACT - BREACH OF EXPRESS
TESLA, INC. d/b/a TESLA MOTORS, WARRANTY
18 INC., a Delaware Corporation, and DOES 2. VIOLATION OF SONG-BEVERLY
1 through 10, inclusive, ACT - BREACH OF IMPLIED
19
WARRANTY
20 3. VIOLATION OF THE SONG-
Defendants. BEVERLY ACT SECTION 1793.2
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COMPLAINT
1 Plaintiff, EDEN MOALEM, an individual (“Plaintiff”), alleges as follows against
2 Defendant, TESLA, INC. d/b/a TESLA MOTORS, INC., a Delaware Corporation (“TESLA
3 MOTORS, INC.”), and DOES 1 through 10 inclusive, on information and belief, formed after a
4 reasonable inquiry under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff, EDEN MOALEM, hereby demands trial by jury in this action.
7 GENERAL ALLEGATIONS
8 2. Plaintiff, EDEN MOALEM, is an individual residing in the City of Woodland Hills,
9 State of California.
10 3. Defendant, TESLA MOTORS, INC., is and was a Delaware Corporation operating
11 and doing business in the State of California.
12 4. These causes of action arise out of warranty and repair obligations of TESLA
13 MOTORS, INC. in connection with a vehicle Plaintiff leased and for which TESLA MOTORS,
14 INC. issued a written warranty. The warranty was not issued by the selling dealership.
15 5. Plaintiff does not know the true names and capacities, whether corporate,
16 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10,
17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant
18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and
19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend
20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant,
21 together with appropriate charging allegations, when ascertained.
22 6. All acts of corporate employees as alleged were authorized or ratified by an officer,
23 director, or managing agent of the corporate employer.
24 7. Each Defendant, whether actually or fictitiously named herein, was the principal,
25 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal
26 or within the course and scope of such employment or agency, took some part in the acts and
27 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief
28 prayed for herein.
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COMPLAINT
1 8. On June 25, 2021, Plaintiff leased a 2021 Tesla Model 3, having VIN No.:
2 5YJ3E1EA7MF000610 ("the Subject Vehicle”). These causes of action arise out of warranty and
3 repair obligations of TESLA MOTORS, INC. in connection with a vehicle that Plaintiff leased and
4 for which TESLA MOTORS, INC. issued a written warranty. The warranty was not issued by the
5 selling dealership.
6 9. TESLA MOTORS, INC. warranted the Subject Vehicle and agreed to preserve or
7 maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was a
8 failure in such utility or performance. In connection with the lease, Plaintiff received various
9 warranties, inter alia, a 4-year/50,000 mile express bumper to bumper warranty, a 8-year/100,000
10 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as
11 various emissions warranties that exceed the time and mileage limitations of the bumper to bumper
12 and powertrain warranties.
13 10. The Subject Vehicle was delivered to Plaintiff with serious defects and
14 nonconformities to warranty and developed other serious defects and nonconformities to warranty
15 including, but not limited to, electrical, suspension, and transmission system defects.
16 11. Plaintiff first presented the Subject Vehicle for repairs in December 2021 and
17 reported difficulty shifting gears.
18 12. In December 2022, Plaintiff presented the Subject Vehicle again for concerns
19 relating to the High Voltage (“HV”) battery range depleting rapidly and the “Tire Pressure
20 Monitoring System” (“TPMS”) alert illuminating intermittently. Additionally, Plaintiff reported
21 difficulty adjusting the climate control settings on the mobile application.
22 13. Plaintiff presented the Subject Vehicle in January 2024 and reported the
23 infotainment system malfunctioning. In addition, the Subject Vehicle would accelerate and brake
24 randomly when the Autopilot features were disengaged.
25 14. In February 2024, Plaintiff presented the Subject Vehicle again for repeated
26 concerns of the Subject Vehicle accelerating unprompted.
27 15. Plaintiff hereby revokes acceptance of the Lease Agreement.
28 16. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
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COMPLAINT
1 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
2 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
3 17. Plaintiff is a “buyer” of consumer goods under the Act.
4 18. Defendant, TESLA MOTORS, INC., is a "manufacturer" and/or “distributor" under
5 the Act.
6 19. Plaintiff hereby demands trial by jury in this action.
7 FIRST CAUSE OF ACTION
8 Violation of the Song-Beverly Act – Breach of Express Warranty
9 20. Plaintiff incorporates herein by reference each and every allegation contained in the
10 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
11 21. The Subject Vehicle was leased to Plaintiff with express warranties that the Subject
12 Vehicle would be free from defects in materials, nonconformity, or workmanship during the
13 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant
14 TESLA MOTORS, INC. would repair the defects.
15 22. The Subject Vehicle was delivered to Plaintiff with serious defects and
16 nonconformities to warranty and developed other serious defects and nonconformities to warranty
17 including, but not limited to, electrical, suspension, and transmission system defects.
18 23. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil
19 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
20 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
21 24. Plaintiff is the “buyer” of consumer goods under the Act.
22 25. Defendant, TESLA MOTORS, INC., is a "manufacturer" and/or “distributor" under
23 the Act.
24 26. The foregoing defects and nonconformities to warranty manifested themselves in
25 the Subject Vehicle within the applicable express warranty period. The nonconformities
26 substantially impair the use, value, and/or safety of the vehicle.
27 27. Plaintiff delivered the vehicle to an authorized TESLA MOTORS, INC. repair
28 facility for repair of the nonconformities.
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COMPLAINT
1 28. Defendant was unable to conform Plaintiff’s vehicle to the applicable express
2 warranty after a reasonable number of repair attempts.
3 29. Notwithstanding Plaintiff’s entitlement, Defendant TESLA MOTORS, INC. has
4 failed to either promptly replace the new motor vehicle or to promptly make restitution in
5 accordance with the Song-Beverly Act.
6 30. By failure of Defendant to remedy the defects as alleged above or to issue a refund
7 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
8 31. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
9 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
10 nonconformities.
11 32. Plaintiff is entitled to all incidental, consequential, and general damages resulting
12 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
13 33. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
14 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably
15 incurred in connection with the commencement and prosecution of this action.
16 34. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in
17 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
18 for TESLA MOTORS, INC.’s willful failure to comply with its responsibilities under the Act.
19 SECOND CAUSE OF ACTION
20 Violation of the Song-Beverly Act – Breach of Implied Warranty
21 35. Plaintiff incorporates herein by reference each and every allegation contained in the
22 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
23 36. TESLA MOTORS, INC. and its authorized dealership at which Plaintiff leased the
24 Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of lease of the
25 Subject Vehicle. The Subject Vehicle was accompanied by implied warranties provided for under
26 the law.
27 37. Among other warranties, the Subject Vehicle was accompanied by an implied
28 warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792.
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COMPLAINT
1 38. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability
2 means and includes that the Vehicle will comply with each of the following requirements: (1) The
3 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is
4 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately
5 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of
6 fact made on the container or label.
7 39. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
8 used because it was equipped with one or more defective vehicle systems/components.
9 40. The Subject Vehicle did not measure up to the promises or facts stated on the
10 container or label because it was equipped with one or more defective vehicle systems/components.
11 41. The Subject Vehicle was not of the same quality as those generally accepted in the
12 trade because it was leased with one or more defective vehicle systems/components which
13 manifested as electrical, suspension, and transmission system defects.
14 42. Upon information and belief, the defective vehicle systems and components were
15 present at the time of lease of the Subject Vehicle; thus, extending the duration of any implied
16 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
17 applicable laws.
18 43. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under
19 Civil Code, section 1794, et seq.
20 44. Plaintiff hereby revokes acceptance of the Subject Vehicle.
21 45. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
22 1794, et seq.
23 46. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
24 et seq. and Commercial Code, section 2711.
25 47. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
26 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
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COMPLAINT
1 THIRD CAUSE OF ACTION
2 Violation of the Song-Beverly Act Section 1793.2(b)
3 48. Plaintiff incorporates herein by reference each and every allegation contained in the
4 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
5 49. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
6 consumer goods in California, for which it has made an express warranty, shall maintain service
7 and repair facilities or designate and authorize independent service and repair facilities to carry out
8 the terms of those warranties.
9 50. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
10 goods are necessary because they do not conform with the applicable express warranties, service
11 and repair shall be commenced within a reasonable time by the manufacturer or its representative.
12 51. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
13 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
14 time.
15 52. The lease of the Subject Vehicle was accompanied by express warranties, including
16 a warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective
17 parts, including the electrical system.
18 53. Plaintiff delivered the Subject Vehicle to TESLA MOTORS, INC.’s authorized
19 service representatives on multiple occasions. The Subject Vehicle was delivered for repairs of
20 defects, which amount to nonconformities to the express warranties that accompanied the lease of
21 the Subject Vehicle.
22 54. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
23 within 30-days and/or commence repairs within a reasonable time, and TESLA MOTORS, INC.
24 has failed to tender the Subject Vehicle back to Plaintiff in conformance with its warranties within
25 the timeframes set forth in Civil Code section 1793.2(b).
26 55. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under
27 Civil Code, section 1794, et seq.
28 56. Plaintiff hereby revokes acceptance of the Subject Vehicle.
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COMPLAINT
1 57. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
2 1794, et seq.
3 58. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
4 et seq. and Commercial Code, section 2711.
5 59. Plaintiff is entitled to recover any “cover” damages under Commercial Code
6 sections 2711, 2712, and Civil Code, section 1794, et seq.
7 60. Plaintiff is entitled to recover all incidental and consequential damages pursuant to
8 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
9 61. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
10 times the amount of actual damages in that TESLA MOTORS, INC. has willfully failed to comply
11 with its responsibilities under the Act.
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COMPLAINT
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff prays for judgment against Defendant, as follows:
3 1. For general, special, and actual damages according to proof at trial;
4 2. For rescission of the Lease Agreement and restitution of all monies expended;
5 3. For diminution in value;
6 4. For incidental and consequential damages according to proof at trial;
7 5. For civil penalty in the amount of two times Plaintiff’s actual damages;
8 6. For prejudgment interest at the legal rate;
9 7. For reasonable attorney’s fees and costs of suit; and
10 For such other and further relief as the Court deems just and proper under the circumstances.
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Dated: April 11, 2024
12 QUILL & ARROW, LLP
13
14 ________________________
Kevin Y. Jacobson, Esq.
15 Gregory Sogoyan, Esq.
Joshua Kohanoff, Esq.
16 Attorneys for Plaintiff,
17 EDEN MOALEM
Plaintiff, EDEN MOALEM, hereby demands trial by jury in this action.
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COMPLAINT
Preview
QUILL & ARROW, LLP 1 Kevin Y. Jacobson, Esq. (SBN 320532) 2 kjacobson@quillarrowlaw.com Gregory Sogoyan, Esq. (SBN 316832) 3 gsogoyan@quillarrowlaw.com Joshua Kohanoff, Esq. (SBN 346192) 4 jkohanoff@quillarrowlaw.com 5 e-service@quillarrowlaw.com 10880 Wilshire Blvd., Suite. 1600 6 Los Angeles, CA, 90024 Telephone: (310) 933-4271 7 Facsimile: (310) 889-0645 8 Attorneys for Plaintiff, 9 EDEN MOALEM 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF LOS ANGELES 13 14 EDEN MOALEM, an individual, Case No.: Unlimited Jurisdiction 15 Plaintiff, COMPLAINT 16 vs. 1. VIOLATION OF SONG-BEVERLY 17 ACT - BREACH OF EXPRESS TESLA, INC. d/b/a TESLA MOTORS, WARRANTY 18 INC., a Delaware Corporation, and DOES 2. VIOLATION OF SONG-BEVERLY 1 through 10, inclusive, ACT - BREACH OF IMPLIED 19 WARRANTY 20 3. VIOLATION OF THE SONG- Defendants. BEVERLY ACT SECTION 1793.2 21 22 23 24 25 26 27 28 COMPLAINT 1 Plaintiff, EDEN MOALEM, an individual (“Plaintiff”), alleges as follows against 2 Defendant, TESLA, INC. d/b/a TESLA MOTORS, INC., a Delaware Corporation (“TESLA 3 MOTORS, INC.”), and DOES 1 through 10 inclusive, on information and belief, formed after a 4 reasonable inquiry under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff, EDEN MOALEM, hereby demands trial by jury in this action. 7 GENERAL ALLEGATIONS 8 2. Plaintiff, EDEN MOALEM, is an individual residing in the City of Woodland Hills, 9 State of California. 10 3. Defendant, TESLA MOTORS, INC., is and was a Delaware Corporation operating 11 and doing business in the State of California. 12 4. These causes of action arise out of warranty and repair obligations of TESLA 13 MOTORS, INC. in connection with a vehicle Plaintiff leased and for which TESLA MOTORS, 14 INC. issued a written warranty. The warranty was not issued by the selling dealership. 15 5. Plaintiff does not know the true names and capacities, whether corporate, 16 partnership, associate, individual, or otherwise of Defendant issued herein as Does 1 through 10, 17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant 18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences, and 19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend 20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant, 21 together with appropriate charging allegations, when ascertained. 22 6. All acts of corporate employees as alleged were authorized or ratified by an officer, 23 director, or managing agent of the corporate employer. 24 7. Each Defendant, whether actually or fictitiously named herein, was the principal, 25 agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal 26 or within the course and scope of such employment or agency, took some part in the acts and 27 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief 28 prayed for herein. -2- COMPLAINT 1 8. On June 25, 2021, Plaintiff leased a 2021 Tesla Model 3, having VIN No.: 2 5YJ3E1EA7MF000610 ("the Subject Vehicle”). These causes of action arise out of warranty and 3 repair obligations of TESLA MOTORS, INC. in connection with a vehicle that Plaintiff leased and 4 for which TESLA MOTORS, INC. issued a written warranty. The warranty was not issued by the 5 selling dealership. 6 9. TESLA MOTORS, INC. warranted the Subject Vehicle and agreed to preserve or 7 maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was a 8 failure in such utility or performance. In connection with the lease, Plaintiff received various 9 warranties, inter alia, a 4-year/50,000 mile express bumper to bumper warranty, a 8-year/100,000 10 mile powertrain warranty which, inter alia, covers the engine and the transmission, as well as 11 various emissions warranties that exceed the time and mileage limitations of the bumper to bumper 12 and powertrain warranties. 13 10. The Subject Vehicle was delivered to Plaintiff with serious defects and 14 nonconformities to warranty and developed other serious defects and nonconformities to warranty 15 including, but not limited to, electrical, suspension, and transmission system defects. 16 11. Plaintiff first presented the Subject Vehicle for repairs in December 2021 and 17 reported difficulty shifting gears. 18 12. In December 2022, Plaintiff presented the Subject Vehicle again for concerns 19 relating to the High Voltage (“HV”) battery range depleting rapidly and the “Tire Pressure 20 Monitoring System” (“TPMS”) alert illuminating intermittently. Additionally, Plaintiff reported 21 difficulty adjusting the climate control settings on the mobile application. 22 13. Plaintiff presented the Subject Vehicle in January 2024 and reported the 23 infotainment system malfunctioning. In addition, the Subject Vehicle would accelerate and brake 24 randomly when the Autopilot features were disengaged. 25 14. In February 2024, Plaintiff presented the Subject Vehicle again for repeated 26 concerns of the Subject Vehicle accelerating unprompted. 27 15. Plaintiff hereby revokes acceptance of the Lease Agreement. 28 16. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil -3- COMPLAINT 1 Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for 2 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes. 3 17. Plaintiff is a “buyer” of consumer goods under the Act. 4 18. Defendant, TESLA MOTORS, INC., is a "manufacturer" and/or “distributor" under 5 the Act. 6 19. Plaintiff hereby demands trial by jury in this action. 7 FIRST CAUSE OF ACTION 8 Violation of the Song-Beverly Act – Breach of Express Warranty 9 20. Plaintiff incorporates herein by reference each and every allegation contained in the 10 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 11 21. The Subject Vehicle was leased to Plaintiff with express warranties that the Subject 12 Vehicle would be free from defects in materials, nonconformity, or workmanship during the 13 applicable warranty period and to the extent that the Subject Vehicle had defects, Defendant 14 TESLA MOTORS, INC. would repair the defects. 15 22. The Subject Vehicle was delivered to Plaintiff with serious defects and 16 nonconformities to warranty and developed other serious defects and nonconformities to warranty 17 including, but not limited to, electrical, suspension, and transmission system defects. 18 23. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil 19 Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or 20 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes. 21 24. Plaintiff is the “buyer” of consumer goods under the Act. 22 25. Defendant, TESLA MOTORS, INC., is a "manufacturer" and/or “distributor" under 23 the Act. 24 26. The foregoing defects and nonconformities to warranty manifested themselves in 25 the Subject Vehicle within the applicable express warranty period. The nonconformities 26 substantially impair the use, value, and/or safety of the vehicle. 27 27. Plaintiff delivered the vehicle to an authorized TESLA MOTORS, INC. repair 28 facility for repair of the nonconformities. -4- COMPLAINT 1 28. Defendant was unable to conform Plaintiff’s vehicle to the applicable express 2 warranty after a reasonable number of repair attempts. 3 29. Notwithstanding Plaintiff’s entitlement, Defendant TESLA MOTORS, INC. has 4 failed to either promptly replace the new motor vehicle or to promptly make restitution in 5 accordance with the Song-Beverly Act. 6 30. By failure of Defendant to remedy the defects as alleged above or to issue a refund 7 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act. 8 31. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle 9 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the 10 nonconformities. 11 32. Plaintiff is entitled to all incidental, consequential, and general damages resulting 12 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. 13 33. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a 14 sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably 15 incurred in connection with the commencement and prosecution of this action. 16 34. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled, in 17 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages 18 for TESLA MOTORS, INC.’s willful failure to comply with its responsibilities under the Act. 19 SECOND CAUSE OF ACTION 20 Violation of the Song-Beverly Act – Breach of Implied Warranty 21 35. Plaintiff incorporates herein by reference each and every allegation contained in the 22 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 23 36. TESLA MOTORS, INC. and its authorized dealership at which Plaintiff leased the 24 Subject Vehicle had reason to know the purpose of the Subject Vehicle at the time of lease of the 25 Subject Vehicle. The Subject Vehicle was accompanied by implied warranties provided for under 26 the law. 27 37. Among other warranties, the Subject Vehicle was accompanied by an implied 28 warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792. -5- COMPLAINT 1 38. Pursuant to Civil Code section 1791.1 (a), the implied warranty of merchantability 2 means and includes that the Vehicle will comply with each of the following requirements: (1) The 3 Vehicle will pass without objection in the trade under the contract description; (2) The Vehicle is 4 fit for the ordinary purposes for which such goods are used; (3) The Vehicle is adequately 5 contained, packaged, and labelled; (4) The Vehicle will conform to the promises or affirmations of 6 fact made on the container or label. 7 39. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 8 used because it was equipped with one or more defective vehicle systems/components. 9 40. The Subject Vehicle did not measure up to the promises or facts stated on the 10 container or label because it was equipped with one or more defective vehicle systems/components. 11 41. The Subject Vehicle was not of the same quality as those generally accepted in the 12 trade because it was leased with one or more defective vehicle systems/components which 13 manifested as electrical, suspension, and transmission system defects. 14 42. Upon information and belief, the defective vehicle systems and components were 15 present at the time of lease of the Subject Vehicle; thus, extending the duration of any implied 16 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 17 applicable laws. 18 43. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under 19 Civil Code, section 1794, et seq. 20 44. Plaintiff hereby revokes acceptance of the Subject Vehicle. 21 45. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 22 1794, et seq. 23 46. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794, 24 et seq. and Commercial Code, section 2711. 25 47. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages 26 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 27 /// 28 /// -6- COMPLAINT 1 THIRD CAUSE OF ACTION 2 Violation of the Song-Beverly Act Section 1793.2(b) 3 48. Plaintiff incorporates herein by reference each and every allegation contained in the 4 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 5 49. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 6 consumer goods in California, for which it has made an express warranty, shall maintain service 7 and repair facilities or designate and authorize independent service and repair facilities to carry out 8 the terms of those warranties. 9 50. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 10 goods are necessary because they do not conform with the applicable express warranties, service 11 and repair shall be commenced within a reasonable time by the manufacturer or its representative. 12 51. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced 13 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 14 time. 15 52. The lease of the Subject Vehicle was accompanied by express warranties, including 16 a warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective 17 parts, including the electrical system. 18 53. Plaintiff delivered the Subject Vehicle to TESLA MOTORS, INC.’s authorized 19 service representatives on multiple occasions. The Subject Vehicle was delivered for repairs of 20 defects, which amount to nonconformities to the express warranties that accompanied the lease of 21 the Subject Vehicle. 22 54. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 23 within 30-days and/or commence repairs within a reasonable time, and TESLA MOTORS, INC. 24 has failed to tender the Subject Vehicle back to Plaintiff in conformance with its warranties within 25 the timeframes set forth in Civil Code section 1793.2(b). 26 55. Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under 27 Civil Code, section 1794, et seq. 28 56. Plaintiff hereby revokes acceptance of the Subject Vehicle. -7- COMPLAINT 1 57. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 2 1794, et seq. 3 58. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794, 4 et seq. and Commercial Code, section 2711. 5 59. Plaintiff is entitled to recover any “cover” damages under Commercial Code 6 sections 2711, 2712, and Civil Code, section 1794, et seq. 7 60. Plaintiff is entitled to recover all incidental and consequential damages pursuant to 8 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 9 61. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two 10 times the amount of actual damages in that TESLA MOTORS, INC. has willfully failed to comply 11 with its responsibilities under the Act. 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -8- COMPLAINT 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff prays for judgment against Defendant, as follows: 3 1. For general, special, and actual damages according to proof at trial; 4 2. For rescission of the Lease Agreement and restitution of all monies expended; 5 3. For diminution in value; 6 4. For incidental and consequential damages according to proof at trial; 7 5. For civil penalty in the amount of two times Plaintiff’s actual damages; 8 6. For prejudgment interest at the legal rate; 9 7. For reasonable attorney’s fees and costs of suit; and 10 For such other and further relief as the Court deems just and proper under the circumstances. 11 Dated: April 11, 2024 12 QUILL & ARROW, LLP 13 14 ________________________ Kevin Y. Jacobson, Esq. 15 Gregory Sogoyan, Esq. Joshua Kohanoff, Esq. 16 Attorneys for Plaintiff, 17 EDEN MOALEM Plaintiff, EDEN MOALEM, hereby demands trial by jury in this action. 18 19 20 21 22 23 24 25 26 27 28 -9- COMPLAINT