Complaint,Petition: Laura Roppel et al vs Mercedes-Benz USA LLC

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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

Attomey for Plaintiffs
LAURA D. ROPPEL and
JAKOB M. ROPPEL

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA

LAURA D. ROPPEL AND CASE No.:
JAKOB M. ROPPEL,
COMPLAINT FOR VIOLATION OF THE

Plaintiffs, SONG-BEVERLY CONSUMER
Vv. WARRANTY ACT
MERCEDES-BENZ USA LLC; Unlimited Civil Jurisdiction -
and DOES 1 - 10, Damages Exceed $25,000

Defendants. JURY TRIAL DEMANDED

Plaintiffs LAURA D. ROPPEL and JAKOB M. ROPPEL (hereafter “Plaintiffs”), by and

through their attorney, hereby alleges the following upon information and belief:
GENERAL ALLEGATIONS

1. Plaintiffs are natural persons residing in La Selva Beach, California.

2. Plaintiffs are a “buyer” as defined in Civil Code §2981(c) and §1791(b).

3. MERCEDES-BENZ USA LLC (hereafter “Defendant” or “MERCEDES”) 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 MERCEDES-BENZ USA LLC is a “manufacturer” and/or
“distributor” under the Act.

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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
Plaintiffs. Therefore, Plaintiffs sue these defendants by such fictitious names and will amend the
Complaint to allege their true names and capacities when ascertained.

6. On or about November 10, 2019, Plaintiffs leased a brand new 2020 Mercedes-
Benz GLC-Class, VIN: WDCOG8EB6LF716238 (hereinafter “vehicle”) at Mercedes Benz of
Stevens Creek located in San Jose, 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 er seq. (the “Act”.)

7. Defendant MERCEDES-BENZ USA LLC issued an “express warranty” to
Plaintiffs 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 engine malfunction causing
repeated and persistent check engine light warnings.

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 Plaintiffs.
11. From the time of purchase until the present, the vehicle has suffered ongoing
problems including but not limited to the following:
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Complaint for Violation of the Song-Beverly Consumer Warranty Act

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Problems Date Odo. Days RO#

Engine — 1” Repair Attempt — Customer 12-5-19 1,490 WO 24869

states check engine light came on Mercedes-

Benz of

Monterey

Engine — 2" Repair Attempt — Customer 12-11-19 1,778 2 25064

states check engine light came on was - Mercedes-

previously diagnosed and part was ordered 12-12-19 Benz of
Monterey

SOP part here tech 1023 confirmed concern,

performed short test and found a sporadic

malfunction, signal change rate is below

limit value, processed code, removed wheel

liner rear right, removed wheel right rear,

inspected wires and ok, tested wires ok,

tested module and open circuit, removed

and replaced evap diagnostic module,

cleared codes, re performed short test and

pass

Engine — 3 Repair Attempt — Customer 1-9-20 2,682 6 879617

states that check engine light is on. Vehicle - Mercedes-

was at Mercedes of Monterey for same issue | 1-14-20 Benz of

and it was concluded that it was emissions Monterey

related

2716 ME control unit faulty

C1 ACTION!! Connect battery charger and
perform short test, code in me control:
p240726 The pump in the diagnostic
module of the evaporative emission control
system has a sporadic malfunction. The
signal change rate is below the permissible
limit value. Evaluation of vehicle history
reveals that this is the same code as
previous repair at other dealer as per
paperless and vmi documentation where
al01 diagnostic module was replaced.
Review relevant function description,
wiring diagrams, fault setting conditions,
checked, no ptss/li cases or docs found.
Process fault code, connect socket box as
illustrated. Perform test of current
consumption of switch-over valve in a101;
-426amps ok (spec .2-.6). perform check of
current consumption of heater for a101;
146ma, not ok (spec 200-500ma). Acquired
a like and known good vehicle and validated
all tests with same result except for heater
consumption which was nominal (246ma).
Explore possible causes from test results.
Check fuse K40/8f101 and contacts, all ok.
Check power supply of a101 at socket 4;
12.9v ok. R&R right rear wheel and fender
liner to access and test cable from a101

Complaint for Violation of the Song-Beverly Consumer Warranty Act

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sockets 1-3 to me control unit conn f
sockets 32,58,43; 0.3 ohms ok. All sockets
and connections tight. Physical layer of me
control for a101 circuit is intact. Test fit me
control unit from known good vehicle and
performed consumption check, 245ma, ok.
Me control unit internal fault. Replace me
control unit and perform initial startup. No
codes after repairs. Perform road test 2682-
2716. Cl ACTION

Engine — 4” Repair Attempt — Customer 1-17-20 2,863 WO 880488
states that check engine light is back on - 7+ | Mercedes-
again after previous attempted repair. Currently days Benz of
Inspect and advise. Refer to Archie and still in for Stevens
Abie. Vehicle to be quality controlled to repair Creek

verify repair’s by foreman

12. Plaintiffs have delivered the vehicle to MERCEDES or its authorized repair
facility(s) for repairs of said defects and nonconformities. Defendant has been unable and/or
refused to conform Plaintiffs’ vehicle to the applicable express and implied warranties under the
Act after a reasonable number of repair attempts; to begin repairs within a reasonable time;
and/or to complete repairs within thirty (30) days.

13. Defendant breached the implied warranty of merchantability and implied
warranty of fitness in that the subject vehicle was not fit for the ordinary purposes for which such
goods are used and was not of the same quality as those generally acceptable in trade. Therefore,
the Plaintiffs are entitled to revoke acceptance of the subject vehicle under the Act.

14. Notwithstanding knowledge of Plaintiffs’ entitlement, Defendant intentionally
failed to comply with its obligations under the Act to repurchase the vehicle and make
restitution.

15. By failure of Defendant to comply with its obligations under the Act to
repurchase the vehicle and make restitution, Defendant is in breach of its obligations under the
Act.

16. Plaintiffs are entitled to justifiably revoke acceptance of the aforementioned
vehicle under the Act.

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Complaint for Violation of the Song-Beverly Consumer Warranty Act

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17. Pursuant to the Act, Plaintiffs are entitled to restitution in an amount equal to the
actual price paid or payable by Plaintiffs and collateral charges such as sales tax, license fees,
registration fees, and other official fees less an amount directly attributable to use by Plaintiffs
prior to the time Plaintiffs first delivered the vehicle for repair.

18. Plaintiffs are entitled to recover incidental, consequential, and general damages
actually incurred by Plaintiffs resulting from Defendant’s failure to comply with its obligations
under the Act.

19. Plaintiffs are entitled to recover a sum equal to the aggregate amount of costs and
expenses, including attorney’s fees based on actual time expended and reasonably incurred in
connection with the commencement and prosecution of this action.

20. Plaintiffs are entitled to recover, in addition to the amounts recovered, a civil
penalty up to two times the amount of actual damages for Defendant’s willful refusal to comply
with its responsibilities under the Act.

WHEREFORE, Plaintiffs pray for judgment against Defendant as follows:

() For rescission of the contract and restitution of all consideration;

(2) For actual compensation and general damages according to proof at time of trial;

(3) For civil penalty up to two times the amount of actual damages;

(4) For prejudgment interest from the date of rescission;

(5) For actual attorney fees, reasonably incurred;

(6) For costs and expenses reasonably incurred with the commencement and
prosecution of this action; and

(7)  Forsuch other and further relief as the Court deems just and proper.

Dated: January 23, 2020 LEMON LAW PRO

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Kirhberli C.Zazzir sq.

Attorney for Plaintiffs
LAURA D. ROPPEL AND
JAKOB M. ROPPEL

Complaint for Violation of the Song-Beverly Consumer Warranty Act

5JURY TRIAL DEMANDED
Plaintiffs demand a trial by jury on all issues so triable.

Dated: January 23, 2020 LEMON Law PRO

ee lf Em
Kimberli C. ZazzivEsq. —

Attorney for Plaintiffs

LAURA D. ROPPEL AND

JAKOB M. ROPPEL

Complaint for Violation of the Song-Beverly Consumer Warranty Act
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