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JAMES M. DOMBROSKI (SBN 56898)
LAW OFFICE OF JA1VlES M. DOMBROSKI
Post Office Box 751027
Petaluma, CA. 94975 SAN MATEO COUNTY
Tel, (707) 762-7807
Fax. (707) 769-0419 NOV JL 8 20]5
THOMAS I. SABERI, ESQ.
LAW OFFICE OF WILLIAMH. PAYNTER
SB Clerk of the Su
DEPUTY
'l nor (
RK
ourt
1045 Airport Blvd., Suite 12
So. San Francisco, CA 94080
Telephone: (650) 588-2428
Facsimile: (650) 873-7046
Attorneys for PlaintiffANDY SABERI.
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 IN AND FOR THE COUNTY OF SAN MATEO
UNLIMITEDJURISDICTION
ANDY SABERI, an individual, ) CASKNO. ~ 3 8 2 9
)
16 Plaintiff, COMPLAINT FOR DAMAGES
(Jury TrM Demanded)
)
)
LES STANFORD CHEVROLET CADILLAC, )
INC., a Michigan corporation, BJ INTERSTATE)
19 AUTO TRANSPORTERS, INC., a Nevada ~Y FAX
corporation, BOGDAN DEDYK, doing
20 business as SAFE AUTO TRANSPORT, an
individual, and DOES 1through 25, inclusive, )
21 )
Defendants )
22
23 Plaintiff, Andy Saberi, alleges as follows:
PARTIES
25 1. PlaintiffAndy Saberi (hereinafter "Saberi") is an individual located in San Mateo
County, California
27 2. Defendant Les Stanford Chevrolet Cadillac, Inc. (hereinafter "Les Stanford" ), at all
times herein mentioned, is located at 21730 Michigan Avenue, Dearborn, Michigan 48124. Upon
Complam( for Damages
information and belief, Les Stanford is a corporation duly organized and existing under the laws
of the State of Michigan.
3, Defendant BJ Interstate Auto Transporters, Inc, (hereinafter "BJ Interstate" ), at all
times herein mentioned, is located at 6625 W, Sahara Avenue, Suite 1, Las Vegas, Nevada 89146.
Upon information and belief, BJ Interstate is a corporation duly organized and existing under the
laws of the State of Nevada.
4. Defendant Bogdan Dedyk, doing business as Safe Auto Transport (hereinafter
"Safe Auto"), at all times herein mentioned, upon information and belief, is an individual whose
address is 1756 Heather Garden Lane, Roseville, California 95661,
10 S. The true names and capacities of DOES 1 through 25, inclusive, are unknown to
Plaintiff. Plaintiffwill amend this Complaint to set forth the true names and capacities of the
12 DOE Defendants (as soon as the same have been ascertained)
13 6. At all relevant times, each of the Defendants have been the agent, employee, or
14 co-conspirator with the remaining Defendants, and each was acting within the course and scope
15 of such agency, employment or conspiracy,
16 FACTUALALLEGATIONS
17 7. On or about September 17, 2015, Saberi purchased a new 2016 Chevrolet
18 Corvette Z06 convertible (hereinafter "Corvette" ) from Les Stanford for the sum of $ 128,391.93.
19 Upon information and belief, Defendant Les Stanford is the representative of the manufacturer of
20 the Corvette purchased by Saberi, which, at all times relevant, was covered by the manufacturer's
21 warranties (express and implied) subject to the provisions of the California Lemon Law
22 (California Civil Code $ 1790, et seq).
8. Saberi is informed and believes that Les Stanford contracted with Defendant BJ
24 Interstate for the purpose of transporting the Corvette for delivery to Saberi in San Francisco,
25 California.
26 9, Saberi is informed and believes that Defendant BJ Interstate subcontracted with
27 Safe Auto Transport for the purpose of transporting the Corvette for delivery to Saberi in San
28 Francisco, California.
2
Comp!aint for Damages
1 10. Before Saberi purchased the Corvette from Les Stanford, Les Stanford, through its
2 agents and employees, expressly and impliedly warranted. and represented that the Corvette was
3 free from defects and in all respects safe for use in the manner for which it was designated and
4 manufactured and expressly and impliedly warranted that the Corvette was of merchantable
5 qualify and fit for the purpose intended. Saberi rehed on these warranties and representations in
6 purchasing the Corvette and. made full payment in the sum of $ 128,391.93,
7 11. On or about October 13, 2015, the Corvette was delivered to Saberi in San
8 Francisco, California.
9 12. Upon delivery of the Corvette, Saberi discovered that the Corvette was defective
10 and not oafe for reaoonable operation. In addition, the Corvette had many paint imperfections
11 such as overspray on the windshield, black section of the front bumper and other panels, dullness
12 on the left section of the front lip and on the front bumper. The Corvette was in fact
13 unmerchantable and unfit to be operated,
14 13, The value of the Corvette was valued, pursuant to the purchase agreement, at
15 $ 128,391.93, before delivery to Saberi, ifthe representations and warranties had been true, the
16 value of the automobile would not have been diminished. By reason of the acts and events
17 described herein, Saberi has sustained damages in that the Corvette's value has been substantially
18 diminished,
19 14. Upon information and belief, Defendants Les Stanford, BJ Interstate and Safe
20 Auto Transport proximately caused the damages to the Corvette.
21 15. Pursuant to Section 1793.2, subdivision (d), paragraph (2) of the California Civil
22 Code, Saberi demanded that Les Stanford, as the representative of the manufacturer and as the
23 sellerof the Corvette, Saberi demanded that Les Stanford promptly replace the new Corvette.
24 16 By reason of Les Stanford's failure and refusal to promptly replace the new
25 Corvette, Saberi has been required to incur attorney's fees and costs.
26 '///
27 ///
28 ///
Complamtfoi Damages
FIRST CAUSE OF ACTION
For Violation of the Song-Beverly Consumer %arranty Aet
Civil Code $ 1790, etseq., also known as "Lemon Law"
Against Defendants Les Stanford
4 17. Plaintiff Saberi incorporates by reference all of the allegations contained In
paragraphs 1 to 16 as set forth above.
6 18, Defendant Les Stanford violated the Song-Beverly Consumer Warranty Act (Civil
Code $ 1790, et seq.}, including the requirement to deliver the new Corvette to conform to the
8 applicable implied and express warranties, Defendants should promptly replace the new Corvette
9 (Civil Code $ 1793.2(d)(2)).
10 19. Plaintiff Saberi requests a civil penalty in an amount at least two times the amount
of actual damages,
12 WHEREFORE, Plaintiffprays for judgment as hereinafter set forth.
SECOND CAUSE OF ACTION
Fraud Against 9efendants
14
20. Plaintiff Saberi incorporates by reference all of the allegations contained in
paragraphs 1 to 19 as set forth above.
21. Les Stanford represented to Saberi that the Corvette was of merchantable qualify
and fit for the purpose intended to be driven and operated as a new vehicle.
19 22. The aforesaid representations were false Upon information and belief,
Defendants knew that the representations were false and intentionally concealed from Saberi the
true condition of the Corvette.
23. Saberi reasonably relied on the aforesaid representations.
23 24. In doing the acts alleged herein, Defendants engaged in despicable conduct, with
oppression, &aud, malice and conscious disregard for Saberi's rights, entitling Saberi to recover
2$ exemplary damages in an amount sufficient to set an example of Defendants and deter
Defendants &om similar future fraud.
WHEREFORE, Saberi prays for ]udgment as hereinafter set forth.
28 ///
Cornplaet for Damages
THIRD CAUSE OF ACTION
Negligence Against 9efendants
25, Plaintiff Saberi incorporates by reference all of the allegations contained in
paragraphs 1 to 24 as set forth above.
26. At all times relevant, Defendants, and each of them, owed a duty of care not to
damage the subject Corvette.
27 Defendants breached its duty of care as described in paragraphs 9 to 13, causing
damage to Saberi in an amount totaling in excess of $ 50,000.00. Defendants are jointly and
severally liable to Saberi,
WHEREFORE, Plaintiffprays for judgment as follows:
10
1. For the First Cause of Action, Saberi is entitled to a new Corvette and damages,
including attorney's fees and costs,
13
2. For the Second Cause of Action, Saberi is entitled to damages, according to proof,
and punitive damages in an amount sufficient to ensure Defendants would not engage in such
conduct again;
3, For the Third Cause of Action, Saberi is entitled to damages, according to proof,
in excess of $ 50,000.00;
4. That Defendants are jointly and severally liable;
5. For attorney's fees and costs allowed by law;
6. For prejudgment interest; and
2
7, For such other and further relief as may be appropriate.
21
22
DATED: November /8, 2015.
24 JAi S M. DOMBROSKI
A orney for PlaintiffAndy Saberi
25
26'7
28
Compla)nl for Damages
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JAMES M. DOMBROSKI (SBN 56898) LAW OFFICE OF JA1VlES M. DOMBROSKI Post Office Box 751027 Petaluma, CA. 94975 SAN MATEO COUNTY Tel, (707) 762-7807 Fax. (707) 769-0419 NOV JL 8 20]5 THOMAS I. SABERI, ESQ. LAW OFFICE OF WILLIAMH. PAYNTER SB Clerk of the Su DEPUTY 'l nor ( RK ourt 1045 Airport Blvd., Suite 12 So. San Francisco, CA 94080 Telephone: (650) 588-2428 Facsimile: (650) 873-7046 Attorneys for PlaintiffANDY SABERI. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF SAN MATEO UNLIMITEDJURISDICTION ANDY SABERI, an individual, ) CASKNO. ~ 3 8 2 9 ) 16 Plaintiff, COMPLAINT FOR DAMAGES (Jury TrM Demanded) ) ) LES STANFORD CHEVROLET CADILLAC, ) INC., a Michigan corporation, BJ INTERSTATE) 19 AUTO TRANSPORTERS, INC., a Nevada ~Y FAX corporation, BOGDAN DEDYK, doing 20 business as SAFE AUTO TRANSPORT, an individual, and DOES 1through 25, inclusive, ) 21 ) Defendants ) 22 23 Plaintiff, Andy Saberi, alleges as follows: PARTIES 25 1. PlaintiffAndy Saberi (hereinafter "Saberi") is an individual located in San Mateo County, California 27 2. Defendant Les Stanford Chevrolet Cadillac, Inc. (hereinafter "Les Stanford" ), at all times herein mentioned, is located at 21730 Michigan Avenue, Dearborn, Michigan 48124. Upon Complam( for Damages information and belief, Les Stanford is a corporation duly organized and existing under the laws of the State of Michigan. 3, Defendant BJ Interstate Auto Transporters, Inc, (hereinafter "BJ Interstate" ), at all times herein mentioned, is located at 6625 W, Sahara Avenue, Suite 1, Las Vegas, Nevada 89146. Upon information and belief, BJ Interstate is a corporation duly organized and existing under the laws of the State of Nevada. 4. Defendant Bogdan Dedyk, doing business as Safe Auto Transport (hereinafter "Safe Auto"), at all times herein mentioned, upon information and belief, is an individual whose address is 1756 Heather Garden Lane, Roseville, California 95661, 10 S. The true names and capacities of DOES 1 through 25, inclusive, are unknown to Plaintiff. Plaintiffwill amend this Complaint to set forth the true names and capacities of the 12 DOE Defendants (as soon as the same have been ascertained) 13 6. At all relevant times, each of the Defendants have been the agent, employee, or 14 co-conspirator with the remaining Defendants, and each was acting within the course and scope 15 of such agency, employment or conspiracy, 16 FACTUALALLEGATIONS 17 7. On or about September 17, 2015, Saberi purchased a new 2016 Chevrolet 18 Corvette Z06 convertible (hereinafter "Corvette" ) from Les Stanford for the sum of $ 128,391.93. 19 Upon information and belief, Defendant Les Stanford is the representative of the manufacturer of 20 the Corvette purchased by Saberi, which, at all times relevant, was covered by the manufacturer's 21 warranties (express and implied) subject to the provisions of the California Lemon Law 22 (California Civil Code $ 1790, et seq). 8. Saberi is informed and believes that Les Stanford contracted with Defendant BJ 24 Interstate for the purpose of transporting the Corvette for delivery to Saberi in San Francisco, 25 California. 26 9, Saberi is informed and believes that Defendant BJ Interstate subcontracted with 27 Safe Auto Transport for the purpose of transporting the Corvette for delivery to Saberi in San 28 Francisco, California. 2 Comp!aint for Damages 1 10. Before Saberi purchased the Corvette from Les Stanford, Les Stanford, through its 2 agents and employees, expressly and impliedly warranted. and represented that the Corvette was 3 free from defects and in all respects safe for use in the manner for which it was designated and 4 manufactured and expressly and impliedly warranted that the Corvette was of merchantable 5 qualify and fit for the purpose intended. Saberi rehed on these warranties and representations in 6 purchasing the Corvette and. made full payment in the sum of $ 128,391.93, 7 11. On or about October 13, 2015, the Corvette was delivered to Saberi in San 8 Francisco, California. 9 12. Upon delivery of the Corvette, Saberi discovered that the Corvette was defective 10 and not oafe for reaoonable operation. In addition, the Corvette had many paint imperfections 11 such as overspray on the windshield, black section of the front bumper and other panels, dullness 12 on the left section of the front lip and on the front bumper. The Corvette was in fact 13 unmerchantable and unfit to be operated, 14 13, The value of the Corvette was valued, pursuant to the purchase agreement, at 15 $ 128,391.93, before delivery to Saberi, ifthe representations and warranties had been true, the 16 value of the automobile would not have been diminished. By reason of the acts and events 17 described herein, Saberi has sustained damages in that the Corvette's value has been substantially 18 diminished, 19 14. Upon information and belief, Defendants Les Stanford, BJ Interstate and Safe 20 Auto Transport proximately caused the damages to the Corvette. 21 15. Pursuant to Section 1793.2, subdivision (d), paragraph (2) of the California Civil 22 Code, Saberi demanded that Les Stanford, as the representative of the manufacturer and as the 23 sellerof the Corvette, Saberi demanded that Les Stanford promptly replace the new Corvette. 24 16 By reason of Les Stanford's failure and refusal to promptly replace the new 25 Corvette, Saberi has been required to incur attorney's fees and costs. 26 '/// 27 /// 28 /// Complamtfoi Damages FIRST CAUSE OF ACTION For Violation of the Song-Beverly Consumer %arranty Aet Civil Code $ 1790, etseq., also known as "Lemon Law" Against Defendants Les Stanford 4 17. Plaintiff Saberi incorporates by reference all of the allegations contained In paragraphs 1 to 16 as set forth above. 6 18, Defendant Les Stanford violated the Song-Beverly Consumer Warranty Act (Civil Code $ 1790, et seq.}, including the requirement to deliver the new Corvette to conform to the 8 applicable implied and express warranties, Defendants should promptly replace the new Corvette 9 (Civil Code $ 1793.2(d)(2)). 10 19. Plaintiff Saberi requests a civil penalty in an amount at least two times the amount of actual damages, 12 WHEREFORE, Plaintiffprays for judgment as hereinafter set forth. SECOND CAUSE OF ACTION Fraud Against 9efendants 14 20. Plaintiff Saberi incorporates by reference all of the allegations contained in paragraphs 1 to 19 as set forth above. 21. Les Stanford represented to Saberi that the Corvette was of merchantable qualify and fit for the purpose intended to be driven and operated as a new vehicle. 19 22. The aforesaid representations were false Upon information and belief, Defendants knew that the representations were false and intentionally concealed from Saberi the true condition of the Corvette. 23. Saberi reasonably relied on the aforesaid representations. 23 24. In doing the acts alleged herein, Defendants engaged in despicable conduct, with oppression, &aud, malice and conscious disregard for Saberi's rights, entitling Saberi to recover 2$ exemplary damages in an amount sufficient to set an example of Defendants and deter Defendants &om similar future fraud. WHEREFORE, Saberi prays for ]udgment as hereinafter set forth. 28 /// Cornplaet for Damages THIRD CAUSE OF ACTION Negligence Against 9efendants 25, Plaintiff Saberi incorporates by reference all of the allegations contained in paragraphs 1 to 24 as set forth above. 26. At all times relevant, Defendants, and each of them, owed a duty of care not to damage the subject Corvette. 27 Defendants breached its duty of care as described in paragraphs 9 to 13, causing damage to Saberi in an amount totaling in excess of $ 50,000.00. Defendants are jointly and severally liable to Saberi, WHEREFORE, Plaintiffprays for judgment as follows: 10 1. For the First Cause of Action, Saberi is entitled to a new Corvette and damages, including attorney's fees and costs, 13 2. For the Second Cause of Action, Saberi is entitled to damages, according to proof, and punitive damages in an amount sufficient to ensure Defendants would not engage in such conduct again; 3, For the Third Cause of Action, Saberi is entitled to damages, according to proof, in excess of $ 50,000.00; 4. That Defendants are jointly and severally liable; 5. For attorney's fees and costs allowed by law; 6. For prejudgment interest; and 2 7, For such other and further relief as may be appropriate. 21 22 DATED: November /8, 2015. 24 JAi S M. DOMBROSKI A orney for PlaintiffAndy Saberi 25 26'7 28 Compla)nl for Damages