Preview
Kimberli C. Zazzi (SBN 249638)
Vincent M. Onorio (SBN 117699)
Brandon L. Connors (SBN 306572)
LEMON Law Pro
3017 Douglas Boulevard Suite 300
Roseville, CA 95661
Telephone: (916) 836-8565
Facsimile: (916) 836-8583
Attorney for Plaintiff
JOSEPHUS BRINQUIS
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
JOSEPHUS BRINQUIS, 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 JOSEPHUS BRINQUIS (hereafter “Plaintiff”), by and through his attorney,
hereby alleges the following upon information and belief:
GENERAL ALLEGATIONS
1. Plaintiff is a natural person residing in Morgan Hill, California.
2. Plaintiff is a “buyer” as defined in Civil Code §2981(c) and §1791(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.
Mt
II
Complaint for Violation of The Song-Beverly Consumer Warranty Act
15. 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 March 21, 2020, Plaintiff leased a brand new 2020 Chevrolet
Silverado, VIN: 3GCPYFEDSLG213807 (hereinafter “vehicle”) at Fremont Chevrolet located in
Fremont, California. The subject vehicle is a new motor vehicle that was leased 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 leased 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 transmission issues
affecting drivability such as frequent harsh upshifting and downshifting, complete failure and
inability to reverse the vehicle, abnormally high RPMs during operation, and repeated 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 Plaintiff.
11. From the time of purchase until the present, the vehicle has suffered ongoing
problems including but not limited to the following:
Complaint for Violation of The Song-Beverly Consumer Warranty Act
2Problems Date Odo. Days RO#
Drivability/Transmission - Repair Attempt | 6-25-20 2,802 WO 326546
— Customer states the CEL is on. - 56+ Capitol
Vehicle days | Chevrolet
Verified cust concern and start will not go currently
backwords and is haress ingagement pulled still in for
code P2724 trans control solenoid valve 5 repair
stuck on code in t.c.m./e.c.m. has code P700
t.c.m. requested mil.illum. Checked for
bulletins found pip5646c or doc# 5488350
for replacement of t.c.m. control module.
Drivability/Transmission - Repair Attempt
— Customer states the vehicle will not
engage reverse.
Had to pull code for t.c.m. P2724 trans
control solenoid valve 5 stuck on and e.c.m.
P700 t.c.m. requested mil illumination order
T.C.M. control module pt# 24043411 as per
bulletin. Removed left wheel well to
remove mount for e.c.m. and t.c.m. removed
and replaced t.c.m. put back together,
reprogrammed t.c.m. claim
code#18YN44384938 also had to find build
code #MQB 10 spd trans, started let run to
operating temp to do fast learn adapts test
drove to check trans operation and down
shifts ok./// 54610 have 2" problem with
with trans when cust picked up harness
engagement into reverse check engine light
on found p2715 for t.c.m. solenoid valve 4
on and in e.c.m p700 t.c.m. mil illumination.
When put in reveres to drive in shop was
smooth cleared code did not come back on
need to open case# 9-6068939286 GAVE
INOF TO TAC. DID START THIS
MORNING AND REVERSE WAS
SMOOTH IN GAUGE TEST DROVE 5
MILES AND LIGHT CAME ON AGAIN
TRANS WAS START TO SHIFT FUNNY
38° TIME PROBLEM FOUND CODES
P0797 T.C.M. SOLENOID VALVE#3
STUCK ON AND P0700 T.C.M. AND
UC402 IN TRANSFER CASE T.C.,.
MODULE LOSS AND INVALID DATA
FROM T.C.M./// READ TAC INFO SENT
SAID TO USE DOC#4379992 THEN BILL
FROM TAC CALL TALK TO HIM GIVE
HIM ALL MY INFO ON THE
PROBLEMS AND CODES THAT HAVE
BEEN SET AT DIFFERENT TIMES. REC
TO REMOVED TRANS PAN FOR
INSPECTION FOR METAL LOWER
EXHAUST AND REMOVED PAN AND
Complaint for Violation of The Song-Beverly Consumer Warranty Act
3DRAINED FLUID FOUND NO METAL
IN PAN INSPECTED WIRES AND
PLUGS OK. CALL BILL BACK GIVE
HIM MY INFO AND LEFT MESSAGE
TO ME BACK TO SEE WERE TO GO
FROM HERE/// talk to bill from tac again
and he said to replace valve body, he helped
out with getting it asap order part and parts
seals, filter and fluid.
12. Plaintiff has delivered the vehicle to GM or its authorized repair facility(s) for
repairs of said defects and nonconformities. Defendant has been unable and/or refused to
conform Plaintiff's 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 Plaintiff is entitled to revoke acceptance of the subject vehicle under the Act.
14. Notwithstanding knowledge of Plaintiff's 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. Plaintiff is entitled to justifiably revoke acceptance of the aforementioned vehicle
under the Act.
17. Pursuant to the Act, Plaintiff is entitled to restitution in an amount equal to the
actual price paid or payable by Plaintiff and collateral charges such as sales tax, license fees,
registration fees, and other official fees less an amount directly attributable to use by Plaintiff
prior to the time Plaintiff first delivered the vehicle for repair.
Mf
Complaint for Violation of The Song-Beverly Consumer Warranty Act
417
20
18.
Plaintiff is entitled to recover incidental, consequential, and general damages
actually incurred by Plaintiff resulting from Defendant’s failure to comply with its obligations
under the Act.
19,
Plaintiff is 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.
Plaintiff is 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, Plaintiff prays for judgment against Defendant as follows:
ay
2)
(3)
(4)
G)
(6)
For rescission of the contract and restitution of all consideration;
For actual compensation and general damages according to proof at time of trial;
For civil penalty up to two times the amount of actual damages;
For prejudgment interest from the date of rescission;
For actual attorney fees, reasonably incurred;
For costs and expenses reasonably incurred with the commencement and
prosecution of this action; and
”)
For such other and further relief as the Court deems just and proper.
Dated: August 19, 2020 LEMON LAW PRO
Bit Lo
Brandon L. Connors, Esq.
Attorney for Plaintiff
JOSEPHUS BRINQUIS
Complaint for Violation of The Song-Beverly Consumer Warranty Act0 OND WA RB WN
Noe Be Be Be Be eB Be eB ee
BNRRRPBBRBSBWREESHRES
JURY TRIAL DEMANDED
Plaintiff demands a trial by jury on all issues so triable.
Dated: August 19, 2020 LEMON LAW PRO
sewhN Le
Brandon L. Connors, Esq.
Attorney for Plaintiff
JOSEPHUS BRINQUIS
Complaint for Violation of The Song-Beverly Consumer Warranty Act
Preview
Kimberli C. Zazzi (SBN 249638) Vincent M. Onorio (SBN 117699) Brandon L. Connors (SBN 306572) LEMON Law Pro 3017 Douglas Boulevard Suite 300 Roseville, CA 95661 Telephone: (916) 836-8565 Facsimile: (916) 836-8583 Attorney for Plaintiff JOSEPHUS BRINQUIS SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA JOSEPHUS BRINQUIS, 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 JOSEPHUS BRINQUIS (hereafter “Plaintiff”), by and through his attorney, hereby alleges the following upon information and belief: GENERAL ALLEGATIONS 1. Plaintiff is a natural person residing in Morgan Hill, California. 2. Plaintiff is a “buyer” as defined in Civil Code §2981(c) and §1791(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. Mt II Complaint for Violation of The Song-Beverly Consumer Warranty Act 15. 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 March 21, 2020, Plaintiff leased a brand new 2020 Chevrolet Silverado, VIN: 3GCPYFEDSLG213807 (hereinafter “vehicle”) at Fremont Chevrolet located in Fremont, California. The subject vehicle is a new motor vehicle that was leased 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 leased 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 transmission issues affecting drivability such as frequent harsh upshifting and downshifting, complete failure and inability to reverse the vehicle, abnormally high RPMs during operation, and repeated 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 Plaintiff. 11. From the time of purchase until the present, the vehicle has suffered ongoing problems including but not limited to the following: Complaint for Violation of The Song-Beverly Consumer Warranty Act 2Problems Date Odo. Days RO# Drivability/Transmission - Repair Attempt | 6-25-20 2,802 WO 326546 — Customer states the CEL is on. - 56+ Capitol Vehicle days | Chevrolet Verified cust concern and start will not go currently backwords and is haress ingagement pulled still in for code P2724 trans control solenoid valve 5 repair stuck on code in t.c.m./e.c.m. has code P700 t.c.m. requested mil.illum. Checked for bulletins found pip5646c or doc# 5488350 for replacement of t.c.m. control module. Drivability/Transmission - Repair Attempt — Customer states the vehicle will not engage reverse. Had to pull code for t.c.m. P2724 trans control solenoid valve 5 stuck on and e.c.m. P700 t.c.m. requested mil illumination order T.C.M. control module pt# 24043411 as per bulletin. Removed left wheel well to remove mount for e.c.m. and t.c.m. removed and replaced t.c.m. put back together, reprogrammed t.c.m. claim code#18YN44384938 also had to find build code #MQB 10 spd trans, started let run to operating temp to do fast learn adapts test drove to check trans operation and down shifts ok./// 54610 have 2" problem with with trans when cust picked up harness engagement into reverse check engine light on found p2715 for t.c.m. solenoid valve 4 on and in e.c.m p700 t.c.m. mil illumination. When put in reveres to drive in shop was smooth cleared code did not come back on need to open case# 9-6068939286 GAVE INOF TO TAC. DID START THIS MORNING AND REVERSE WAS SMOOTH IN GAUGE TEST DROVE 5 MILES AND LIGHT CAME ON AGAIN TRANS WAS START TO SHIFT FUNNY 38° TIME PROBLEM FOUND CODES P0797 T.C.M. SOLENOID VALVE#3 STUCK ON AND P0700 T.C.M. AND UC402 IN TRANSFER CASE T.C.,. MODULE LOSS AND INVALID DATA FROM T.C.M./// READ TAC INFO SENT SAID TO USE DOC#4379992 THEN BILL FROM TAC CALL TALK TO HIM GIVE HIM ALL MY INFO ON THE PROBLEMS AND CODES THAT HAVE BEEN SET AT DIFFERENT TIMES. REC TO REMOVED TRANS PAN FOR INSPECTION FOR METAL LOWER EXHAUST AND REMOVED PAN AND Complaint for Violation of The Song-Beverly Consumer Warranty Act 3DRAINED FLUID FOUND NO METAL IN PAN INSPECTED WIRES AND PLUGS OK. CALL BILL BACK GIVE HIM MY INFO AND LEFT MESSAGE TO ME BACK TO SEE WERE TO GO FROM HERE/// talk to bill from tac again and he said to replace valve body, he helped out with getting it asap order part and parts seals, filter and fluid. 12. Plaintiff has delivered the vehicle to GM or its authorized repair facility(s) for repairs of said defects and nonconformities. Defendant has been unable and/or refused to conform Plaintiff's 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 Plaintiff is entitled to revoke acceptance of the subject vehicle under the Act. 14. Notwithstanding knowledge of Plaintiff's 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. Plaintiff is entitled to justifiably revoke acceptance of the aforementioned vehicle under the Act. 17. Pursuant to the Act, Plaintiff is entitled to restitution in an amount equal to the actual price paid or payable by Plaintiff and collateral charges such as sales tax, license fees, registration fees, and other official fees less an amount directly attributable to use by Plaintiff prior to the time Plaintiff first delivered the vehicle for repair. Mf Complaint for Violation of The Song-Beverly Consumer Warranty Act 417 20 18. Plaintiff is entitled to recover incidental, consequential, and general damages actually incurred by Plaintiff resulting from Defendant’s failure to comply with its obligations under the Act. 19, Plaintiff is 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. Plaintiff is 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, Plaintiff prays for judgment against Defendant as follows: ay 2) (3) (4) G) (6) For rescission of the contract and restitution of all consideration; For actual compensation and general damages according to proof at time of trial; For civil penalty up to two times the amount of actual damages; For prejudgment interest from the date of rescission; For actual attorney fees, reasonably incurred; For costs and expenses reasonably incurred with the commencement and prosecution of this action; and ”) For such other and further relief as the Court deems just and proper. Dated: August 19, 2020 LEMON LAW PRO Bit Lo Brandon L. Connors, Esq. Attorney for Plaintiff JOSEPHUS BRINQUIS Complaint for Violation of The Song-Beverly Consumer Warranty Act0 OND WA RB WN Noe Be Be Be Be eB Be eB ee BNRRRPBBRBSBWREESHRES JURY TRIAL DEMANDED Plaintiff demands a trial by jury on all issues so triable. Dated: August 19, 2020 LEMON LAW PRO sewhN Le Brandon L. Connors, Esq. Attorney for Plaintiff JOSEPHUS BRINQUIS Complaint for Violation of The Song-Beverly Consumer Warranty Act