Preview
Kimberli C. Zazzi (SBN 249638)
Vincent M. Onorio (SBN 117699)
LEMON LAW PRO
3017 Douglas Boulevard Suite 300
Roseville, CA 95661
Telephone: (916) 836-8565
Facsimile: (916) 836-8583
Attorney for Plaintiff
ANA K. NUNEZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
ANA K. NUNEZ, CASE No.:
Plaintiff, COMPLAINT FOR VIOLATION OF THE
SONG-BEVERLY CONSUMER
v. WARRANTY ACT
GENERAL MOTORS LLC; Unlimited Civil Jurisdiction -
and DOES 1 - 10, Damages Exceed $25,000
Defendants. JURY TRIAL DEMANDED
Plaintiff ANA K. NUNEZ (hereafter “Plaintiff”), by and through her attorney, hereby
alleges the following upon informatior. and belief:
GENERAL ALLEGATIONS
1. Plaintiff is a natural person residing in San Jose, California.
2. Plaintiff is a “buyer” as defined in Civil Code §2981(c) and §1 791(b).
3. GENERAL MOTORS LLC. (hereafter “Defendant” or “GM”) is and was a
corporation and registered to do business in the State of California and doing business in the
County of SANTA CLARA.
4. Defendant GENERAL MOTORS LLC is a “manufacturer” and/or “distributor”
under the Act.
II
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Complaint for Violation of The Song-Beverly Consumer Warranty Act
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5. Defendants DOE 1-10 inclusive are sued herein pursuant to California Code of
Civil Procedure §474. The true names, capacities and nature and extent of participation in the
alleged activities complained of herein by DOES 1-10, inclusive, are currently unknown to
Plaintiff. Therefore, Plaintiff sues these defendants by such fictitious names and will amend the
Complaint to allege their true names and capacities when ascertained.
6. On or about April 28, 2019 Plaintiff purchased a brand new 2019 Chevrolet
Silverado, VIN: 1GCUYGED3KZ118735 (hereinafter “vehicle”) at Gilroy Chevrolet Cadillac
located in Gilroy, California. The subject vehicle is a new motor vehicle that was purchased
primarily for personal, family, or household purposes or it is a new motor vehicle with a gross
vehicle weight under 10,000 pounds that was purchased or used primarily for business purposes
by an entity to which not more than five motor vehicle are registered in this state. The subject
vehicle is a “new motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code
§§1790 et seq. (the “Act”.)
7. Defendant GENERAL MOTORS LLC issued an “express warranty” to Plaintiff
pursuant to the Act.
8. The sale of the subject vehicle was also accompanied by an implied warranty
which represented that the vehicle was merchantable. The sale was also accompanied by
Defendant’s implied warranty of fitness.
9. The subject vehicle has suffered from serious defects and nonconformities to
warranty, including, but not limited to, recurrent and/or intermittent severe malfunctions
affecting the drivability of the vehicle such as repeated and unexpected loss of power, shaking,
shuddering and tremoring during operation, and failure of forward collision alert system and lane
keep assist, as well as repeated check engine light warnings, service ESC light warnings, service
traction control light warnings, and loud and distracting grinding and cracking noises from the
engine compartment when shifting in:o gear.
10. The aforementioned nonconformities and defects manifested themselves within
the applicable express warranty period. Said nonconformities have substantially impaired the
vehicle’s use, value, or safety to Plaintiff.
Complaint for Violation of The Song-Beverly Consumer Warranty Act
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11. From the time of purchase until the present, the vehicle has suffered ongoing
Problems
problems including but not limited to the following:
Date
Odo.
RO#
Collision Warning System — Repair
Attempt — Customer states front collision
warning system is not working
Checked for customer concern of front
collision warning system is inoperative,
found in vehicle settings through radio
controls the collision system was turned off.
Attempted to turn system on and found
system will not enable, it turns off
immediately. Scanned for codes and found in
frontview camera- windshield module:
B395D-00 camera misaligned- current.
Inspected windshield and found factory GM
glass, then checked camera alignment by
removing covers and confirmed both
mounting bracket and camera are aligned
and mounted correctly. Checked for updates
using SPS and found module has current
calibrations and programming is no allowed.
Next performed setup/frontview camera
module learn using GDS2 and performed
necessary road test. Confirmed learn
procedure was successful and code was
successfully cleared and did no return, Road
tested vehicle to test collision alert system
and confirmed system and all other systems
utilizing frontview camera- windshield are
no operating correctly. Customer concern
has been corrected, repair completed.
5-8-19
447
Days
1
577794
Gilroy
Chevrolet
Cadillac
Collision Warning System/Lane Assist —
24 Repair Attempt - Customer states lane
keep assist and forward collisions alert are
not working on his truck.
Checked for customer concern of lane keep
assist and collision alert systems are
inoperative, scanned for codes and found
only history/passed/passed/passed code of
U0155-00 in a couple modules. Road tested
vehicle and found collision alert system is
working however distance setting button is
inoperative. Noticed lane keep assist is
turned on and cannot be turned off with
switch on center consol. During road test
found lane keep assist ready and active green
icon came on a couple times and worked but
then would stop working after only a couple
seconds. Confirmed systems are no
513-19
5-20-19
684
577959
Gilroy
Chevrolet
Cadillac
Complaint for Violation of The Song-Beverly Consumer Warranty Act
3operating correctly, checked for codes again
and found still no codes stored for this
concern. Retrieved schematics and
description of operation for both systems and
found the only component related for both
systems that could case this concern is the
frontview camera module- windshield.
Checked ground G200 and found clean and
tight, then checked camera orientation and
found both camera and mounting bracket are
installed correctly. Monitored data in camera
module and confirmed camera module
detects lane keep assist on/off switch input
but does no change from on to off. System is
stuck on, suspect an internal malfunction in
frontview camera module- windshield.
Tested for correct power and ground at
camera module and found present. Found
with camera module disconnected lane
detection switch is no longer illuminated
confirming circuit is no shorted. Confirmed
circuits are correct, recommend replacing
module and re-check for concerns. Replaced
frontview camera module- windshield as per
diagnostics. Programmed module using SPS
and found two error codes given however
programming shows complete. Attempted
again to receive a warranty programming
claim code and found module was in fact
successfully programmed and
reprogramming was not allowed. Performed
calibration procedure with SPS and then
cleared codes. Performed camera learn
procedure with GDS2 and confirmed learn
procedure was successful. Confirmed lane
detection is working, lane detection switch is
now operating correctly, and distance setting
switch for collision detection is also working
now. Confirmed vehicle is now operating
correctly and all customer concerns have
been corrected. Repair completed.
Drivability - Repair Attempt — Customer 11-23-19 8,805 5 316575
states that while going down the freeway a - Capitol
loud grinding noise was heard check engine 11-27-19 Chevrolet
light came on and reduced power. Customer
pulled over and noticed that the transmission
was slipping as well
Verified customers concern, connected scan
tool and pulled codes. U0101, U0102,
U0155, U0129, U0140 stored as pass codes
at this time. Inspected underbody for any
harness damage, none found. Took vehicle
on test drive to see if drivability concern
Complaint for Violation of The Song-Beverly Consumer Warranty Actcould be duplicated. Could no duplicate
drivability concern. Inspected for bulletins,
found bulletin 19-NA-151. Was instructed to
program ECM with latest calibrations, with
scan tool connected, reprogrammed ECM
via TIS2WEB. Programming successZazzi: 7 —
Attorney for Plaintiff
ANA K. NUNEZ
Complaint for Violation of The Song-Beverly Consumer Warranty Act
7BR WN
JURY TRIAL DEMANDED
Plaintiff demands a trial by jury on all issues so triable.
Dated: March 20, 2020 LEMON LAW PRO
foes
LL S
Kimber C. Zax,
Attorney for Plaintiff
ANA K. NUNEZ
Complaint for Violation of The Song-Beverly Consumer Warranty Act
Preview
Kimberli C. Zazzi (SBN 249638) Vincent M. Onorio (SBN 117699) LEMON LAW PRO 3017 Douglas Boulevard Suite 300 Roseville, CA 95661 Telephone: (916) 836-8565 Facsimile: (916) 836-8583 Attorney for Plaintiff ANA K. NUNEZ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ANA K. NUNEZ, CASE No.: Plaintiff, COMPLAINT FOR VIOLATION OF THE SONG-BEVERLY CONSUMER v. WARRANTY ACT GENERAL MOTORS LLC; Unlimited Civil Jurisdiction - and DOES 1 - 10, Damages Exceed $25,000 Defendants. JURY TRIAL DEMANDED Plaintiff ANA K. NUNEZ (hereafter “Plaintiff”), by and through her attorney, hereby alleges the following upon informatior. and belief: GENERAL ALLEGATIONS 1. Plaintiff is a natural person residing in San Jose, California. 2. Plaintiff is a “buyer” as defined in Civil Code §2981(c) and §1 791(b). 3. GENERAL MOTORS LLC. (hereafter “Defendant” or “GM”) is and was a corporation and registered to do business in the State of California and doing business in the County of SANTA CLARA. 4. Defendant GENERAL MOTORS LLC is a “manufacturer” and/or “distributor” under the Act. II It Mf Complaint for Violation of The Song-Beverly Consumer Warranty Act 1oc ON DH FF BN wow we YR YR NRN NR Pee eS Pe oc os Ss Bex RBRE FSF SOM AAA BY NH RF SO 5. Defendants DOE 1-10 inclusive are sued herein pursuant to California Code of Civil Procedure §474. The true names, capacities and nature and extent of participation in the alleged activities complained of herein by DOES 1-10, inclusive, are currently unknown to Plaintiff. Therefore, Plaintiff sues these defendants by such fictitious names and will amend the Complaint to allege their true names and capacities when ascertained. 6. On or about April 28, 2019 Plaintiff purchased a brand new 2019 Chevrolet Silverado, VIN: 1GCUYGED3KZ118735 (hereinafter “vehicle”) at Gilroy Chevrolet Cadillac located in Gilroy, California. The subject vehicle is a new motor vehicle that was purchased primarily for personal, family, or household purposes or it is a new motor vehicle with a gross vehicle weight under 10,000 pounds that was purchased or used primarily for business purposes by an entity to which not more than five motor vehicle are registered in this state. The subject vehicle is a “new motor vehicle” under the Song-Beverly Consumer Warranty Act, Civil Code §§1790 et seq. (the “Act”.) 7. Defendant GENERAL MOTORS LLC issued an “express warranty” to Plaintiff pursuant to the Act. 8. The sale of the subject vehicle was also accompanied by an implied warranty which represented that the vehicle was merchantable. The sale was also accompanied by Defendant’s implied warranty of fitness. 9. The subject vehicle has suffered from serious defects and nonconformities to warranty, including, but not limited to, recurrent and/or intermittent severe malfunctions affecting the drivability of the vehicle such as repeated and unexpected loss of power, shaking, shuddering and tremoring during operation, and failure of forward collision alert system and lane keep assist, as well as repeated check engine light warnings, service ESC light warnings, service traction control light warnings, and loud and distracting grinding and cracking noises from the engine compartment when shifting in:o gear. 10. The aforementioned nonconformities and defects manifested themselves within the applicable express warranty period. Said nonconformities have substantially impaired the vehicle’s use, value, or safety to Plaintiff. Complaint for Violation of The Song-Beverly Consumer Warranty Act 2Co wn nn eo - Oo — oe _ — Co 7m7n dN DHA BF WN NN NY N YN NNN WN ot A A fF BH KF SS 11. From the time of purchase until the present, the vehicle has suffered ongoing Problems problems including but not limited to the following: Date Odo. RO# Collision Warning System — Repair Attempt — Customer states front collision warning system is not working Checked for customer concern of front collision warning system is inoperative, found in vehicle settings through radio controls the collision system was turned off. Attempted to turn system on and found system will not enable, it turns off immediately. Scanned for codes and found in frontview camera- windshield module: B395D-00 camera misaligned- current. Inspected windshield and found factory GM glass, then checked camera alignment by removing covers and confirmed both mounting bracket and camera are aligned and mounted correctly. Checked for updates using SPS and found module has current calibrations and programming is no allowed. Next performed setup/frontview camera module learn using GDS2 and performed necessary road test. Confirmed learn procedure was successful and code was successfully cleared and did no return, Road tested vehicle to test collision alert system and confirmed system and all other systems utilizing frontview camera- windshield are no operating correctly. Customer concern has been corrected, repair completed. 5-8-19 447 Days 1 577794 Gilroy Chevrolet Cadillac Collision Warning System/Lane Assist — 24 Repair Attempt - Customer states lane keep assist and forward collisions alert are not working on his truck. Checked for customer concern of lane keep assist and collision alert systems are inoperative, scanned for codes and found only history/passed/passed/passed code of U0155-00 in a couple modules. Road tested vehicle and found collision alert system is working however distance setting button is inoperative. Noticed lane keep assist is turned on and cannot be turned off with switch on center consol. During road test found lane keep assist ready and active green icon came on a couple times and worked but then would stop working after only a couple seconds. Confirmed systems are no 513-19 5-20-19 684 577959 Gilroy Chevrolet Cadillac Complaint for Violation of The Song-Beverly Consumer Warranty Act 3operating correctly, checked for codes again and found still no codes stored for this concern. Retrieved schematics and description of operation for both systems and found the only component related for both systems that could case this concern is the frontview camera module- windshield. Checked ground G200 and found clean and tight, then checked camera orientation and found both camera and mounting bracket are installed correctly. Monitored data in camera module and confirmed camera module detects lane keep assist on/off switch input but does no change from on to off. System is stuck on, suspect an internal malfunction in frontview camera module- windshield. Tested for correct power and ground at camera module and found present. Found with camera module disconnected lane detection switch is no longer illuminated confirming circuit is no shorted. Confirmed circuits are correct, recommend replacing module and re-check for concerns. Replaced frontview camera module- windshield as per diagnostics. Programmed module using SPS and found two error codes given however programming shows complete. Attempted again to receive a warranty programming claim code and found module was in fact successfully programmed and reprogramming was not allowed. Performed calibration procedure with SPS and then cleared codes. Performed camera learn procedure with GDS2 and confirmed learn procedure was successful. Confirmed lane detection is working, lane detection switch is now operating correctly, and distance setting switch for collision detection is also working now. Confirmed vehicle is now operating correctly and all customer concerns have been corrected. Repair completed. Drivability - Repair Attempt — Customer 11-23-19 8,805 5 316575 states that while going down the freeway a - Capitol loud grinding noise was heard check engine 11-27-19 Chevrolet light came on and reduced power. Customer pulled over and noticed that the transmission was slipping as well Verified customers concern, connected scan tool and pulled codes. U0101, U0102, U0155, U0129, U0140 stored as pass codes at this time. Inspected underbody for any harness damage, none found. Took vehicle on test drive to see if drivability concern Complaint for Violation of The Song-Beverly Consumer Warranty Actcould be duplicated. Could no duplicate drivability concern. Inspected for bulletins, found bulletin 19-NA-151. Was instructed to program ECM with latest calibrations, with scan tool connected, reprogrammed ECM via TIS2WEB. Programming successZazzi: 7 — Attorney for Plaintiff ANA K. NUNEZ Complaint for Violation of The Song-Beverly Consumer Warranty Act 7BR WN JURY TRIAL DEMANDED Plaintiff demands a trial by jury on all issues so triable. Dated: March 20, 2020 LEMON LAW PRO foes LL S Kimber C. Zax, Attorney for Plaintiff ANA K. NUNEZ Complaint for Violation of The Song-Beverly Consumer Warranty Act