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1 JILL L. HARRIS, SBN 276832
HARRIS CONSUMER LAW
2 1809 S Street, Ste. 101-174
3 Sacramento, CA 95811 6/19/2020
T: (916) 572-9410 ▪ F: (916) 905-3888
4 Email: jill@harrisconsumerlaw.com
5 Attorney for Plaintiff
DAVID COLLINS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 FOR THE COUNTY OF BUTTE
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DAVID COLLINS CASE NO.: 20CV01210
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Plaintiffs, COMPLAINT
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v. DEMAND FOR JURY TRIAL
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FCA US, LLC; HOBLIT CHRYSLER JEEP
13 DODGE AND DOES 1 to 50
14 Defendants.
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Plaintiffs alleges as follows:
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PARTIES
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1. As used in this Complaint, the word “Plaintiff” shall mean Plaintiff DAVID COLLINS
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2. As used in this Complaint, the word “Defendant,” when used without reference to a
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specific named Defendant shall mean Defendants FCA US, LLC and DOES 1 to 50.
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3. Plaintiff is ignorant of the true names and capacities of the Defendants sued under the
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fictitious names DOES 1 to 50. They are sued pursuant to Code of Civil Procedure section 474. When
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Plaintiff becomes aware of the true names and capacities of the Defendants sued as DOES 1 to 50,
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Plaintiff will amend this Complaint to state their true names and capacities.
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Complaint, Demand for Jury Trial
1 FIRST CAUSE OF ACTION
2 BY PLAINTIFF DAVID COLLINS AGAINST
3 DEFENDANTS FCA US, LLC;
4 HOBLIT CHRYSLER JEEP DODGE AND DOES 1 TO 50
5 BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
6 CAL. CIV. CODE § 1794
7 4. On or about May 11, 2019, Plaintiff purchased a 2018 RAM 2500, VIN
8 3C6UR5NL9JG412056 (hereafter “Vehicle”) which was manufactured, distributed, or sold by
9 Defendant. The total consideration which Plaintiff paid or agreed to pay, including taxes, license, and
10 finance charges is $63,492.00. The Vehicle was purchased and/or used primarily for personal, family, or
11 household purposes, or qualifies as a new motor vehicle under subdivision (e)(2) of Civil Code section
12 1793.22. Plaintiff purchased the Vehicle from a person or entity engaged in the business of
13 manufacturing, distributing, or selling consumer goods at retail.
14 5. In connection with the purchase, Plaintiff received an express written warranty in which
15 Defendant undertook to preserve or maintain the utility or performance of the Vehicle or to provide
16 compensation if there is a failure in utility or performance for a specified period of time. The warranty
17 provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty
18 period, Plaintiff could deliver the Vehicle for repair services to Defendant’s representative and the
19 Vehicle would be repaired.
20 6. During the warranty period, the Vehicle contained or developed various defects,
21 including but not limited to defects which caused the paint to peal, revealing rust and prior repair/s made
22 to the vehicle. The vehicle was purchased brand new and Plaintiff was unaware of any prior damage or
23 rust condition to the subject vehicle.
24 7. Pursuant to Civil Code §§ 1792 and 1791.1, the sale of the Vehicle was accompanied by
25 Defendant’s implied warranty of merchantability. The duration of the implied warranty is coextensive in
26 duration with the duration of the express written warranty provided by Defendant.
27 8. The implied warranty of merchantability means and includes that the Vehicle will comply
28 with each of the following requirements:
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Complaint, Demand for Jury Trial
1 (1) The Vehicle will pass without objection in the trade under the contract description; (2)
2 The Vehicle is fit for the ordinary purposes for which such goods are used; (3) The
3 Vehicle is adequately contained, packaged, and labeled; and (4) The Vehicle will
4 conform to the promises or affirmations of fact made on the container or label.
5 9. During the time period in which the implied warranty was in effect, the Vehicle
6 contained or developed the defects stated in paragraph 6, above. The existence of each of these defects
7 constitutes a breach of the implied warranty because the Vehicle (1) does not pass without objection in
8 the trade under the contract description, (2) is not fit for the ordinary purposes for which such goods are
9 used, (3) is not adequately contained, packaged, and labeled, and (4) does not conform to the promises or
10 affirmations of frat made on the container or label.
11 10. Plaintiff has rightfully rejected and/or justifiably revoked acceptance of the Vehicle and
12 has exercised a right to cancel the sale. By serving this Complaint, Plaintiff does so again. Accordingly,
13 Plaintiff seeks the remedies provided in California Civil Code section 1794(b)(1), including the entire
14 purchase price. In the alternative, Plaintiff seeks the remedies set forth in California Civil Code section
15 1794(b)(2), including the diminution in value of the Vehicle resulting from its defects. Plaintiff believes
16 that, at the present time, the Vehicle’s value is de minimis.
17 11. Plaintiff has been damaged by Defendant’s failure to comply with its obligations under
18 the implied warranty, and therefore brings this claim pursuant to Civil Code §1794.
19 12. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
20 which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT
21 CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
22 ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
23 WITH THE PROCEEDS HEREOF.” Defendants DOES 10 through 19 are or, at one time, were holders
24 of the contract and are thus subject to all claims and defenses which Plaintiff could assert against the
25 seller.
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Complaint, Demand for Jury Trial
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2 SECOND CAUSE OF ACTION
3 BY PLAINTIFFS DAVID COLLINS AND AGAINST
4 DEFENDANTS FCA US LLC; HOBLIT CHRYSLER JEEP DODGE AND DOES 1 TO 50
5 BREACH OF THE IMPLIED WARRANTY OF FITNESS
6 CAL. CIV. CODE § 1794
7 13. Plaintiff incorporates by reference the allegations contained in paragraphs 4 through 6 and
8 paragraph 10, above.
9 14. Defendant is a manufacturer, distributor, or seller who had reason to know at the time of
10 the retail sale that the Vehicle was required for a particular purpose and that the Plaintiff was relying on
11 the Defendant’s skill or judgment to select or furnish suitable goods
12 15. Pursuant to Civil Code § 1792.1, the sale of the Vehicle was accompanied by Defendant’s
13 implied warranty that the Vehicle would be fitfor Plaintiff’s particular purpose. The duration of the
14 implied warranty is coextensive in duration with the duration of the express written warranty provided by
15 Defendant.
16 16. On or about March 18, 2018, or during the time period in which the implied warranty was
17 in effect, the Vehicle contained or developed the defects stated in paragraph 6, above. The existence of
18 each of these defects constitutes a breach of the implied warranty because the Vehicle is not fit for
19 Plaintiff’s particular purpose.
20 17. Plaintiff has been damaged by Defendant’s failure to comply with its obligations under the
21 implied warranty, and therefore brings this claim pursuant to Civil Code § 1794.
22 18. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
23 which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT CONTRAT
24 IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT
25 AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH
26 THE PROCEEDS HEREOF.” Defendants DOES 1 through 19 are or, at one time, were holders of the
27 contract and are thus subject to all claims and defenses which Plaintiff could assert against the seller.
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Complaint, Demand for Jury Trial
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2 THIRD CAUSE OF ACTION
3 BY PLAINTIFF DAVID COLLINS AGAINST
4 FCA US LLC; HOBLIT CHRYSLER JEEP DODGE AND DOES 1 to 50
5 SALE OF DEFECTIVE MERCHANDISE WITHOUT DISCLOSING DEFECTS
6 BUS. & PROF. CODE, § 17531; § 17535
7 19. On or about May 11, 2019 Defendant, Hoblit Chrysler Jeep Dodge advertised, called
8 attention to, or gave publicity to the sale of merchandise, which merchandise was defective in any
9 manner, without conspicuously displaying directly in connection with the name and description of that
10 merchandise and each article, unit, or part thereof, a direct and unequivocal statement, phrase, or word
11 which clearly indicated that the merchandise or each article, unit, or part thereof so advertised was
12 defective, in violation of Business & Professions Code Section 17531.
13 20. The representations were made in a newspaper, magazine, circular, form letter or in an
14 open publication, published, distributed, or circulated in this state, including over the Internet, or on any
15 billboard, card, label, or other advertising medium, or by means of another advertising device.
16 21. Plaintiff has suffered injury in fact and has lost money or property as a result of
17 Defendant’s violation of Business & Professions Code section 17531. Pursuant to Business &
18 Professions Code section 17535, the Court may enjoin Defendant from engaging in any future violations
19 of section 17531, and may make such orders or judgments, including the appointment of a receiver, as
20 may be necessary to restore to Plaintiff any money or property, real or personal, which may have been
21 acquired by means of the violation of Business & Professions Code section 17531.
22 22. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
23 which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT
24 CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
25 ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
26 OR WITH THE PROCEEDS HEREOF.” Defendants DOES 10 through 19 are or, at one time, were
27 holders of the contract and are thus subject to all claims and defenses which Plaintiff could assert against
28 the seller.
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Complaint, Demand for Jury Trial
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FOURTH CAUSE OF ACTION
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3 BY PLAINTIFF DAVID COLLINS
4 AGAINST DEFENDANT FCA US, LLC AND DOES 1 to 50
5 BREACH OF EXPRESS WARRANTY CAL. CIV. CODE § 1794
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23. Plaintiff incorporates by reference all allegations contained in paragraphs 4 through 6 and
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paragraph 10, above.
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24. In accordance with Defendant’s warranty, Plaintiff delivered the Vehicle to Defendant’s
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representative in this state to perform warranty repairs. Plaintiff may continue to do so even after this
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lawsuit is filed. Plaintiff did so within a reasonable time. Each time Plaintiff delivered the Vehicle,
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Plaintiff notified Defendant and its representative of the characteristics of the defects. However, the
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representative failed to repair the Vehicle, breaching the terms of the written warranty on each occasion.
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25. In addition, Defendant provided a warranty by virtue of a sample or model. However, the
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Vehicle did not conform to the sample or model that Defendant provided.
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26. Plaintiff has been damaged by Defendant’s failure to comply with tits obligations under
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the express warranty, and therefore brings this claim pursuant to Civil Code § 1794.
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27. Defendant’s failure to comply with its obligations under the express warranty was willful,
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in that Defendant and its representative were aware of their obligation to repair the Vehicle under the
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express warranty, but they intentionally declined to fulfill that obligation. Accordingly, Plaintiff is
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entitled to a civil penalty of two times Plaintiff’s actual damages pursuant to Civil Code § 1794(c).
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28. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
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which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT
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CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
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ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
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OR WITH THE PROCEEDS HEREOF.” Defendants DOES 10 through 19 are or, at one time, were
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holders of the contract and are thus subject to all claims and defenses which Plaintiff could assert against
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the seller.
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Complaint, Demand for Jury Trial
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FIFTH CAUSE OF ACTION
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3 BY PLAINTIFF DAVID COLLINS
4 AGAINST DEFENDANT FCA USA, LLC AND DOES 1 to 50
5 FAILURE TO PROMPTLY REPURCHASE PRODUCT
6 CAL. CIV. DOES § 1793.2(d)
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29. Plaintiff incorporates by reference the allegations contained in paragraphs 4 through 6,
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above.
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30. Defendant and its representatives in this state have been unable to service or repair the
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Vehicle to conform to the applicable express warranties after a reasonable number of attempts. Despite
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this fact, Defendant failed to promptly replace the Vehicle or make restitution to Plaintiff as required by
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Civil Code §§ 1793.2(d) and 1793.1(a)(2) and will continue to fail to promptly do so even after this
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lawsuit is filed.
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31. Plaintiff has been damaged by Defendant’s failure to comply with its obligations pursuant
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to Civil Code §§ 1793.2(d) and 1793.1(a)(2), and therefore brings this claim pursuant to § 1794.
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32. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
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which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT
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CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
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ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
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OR WITH THE PROCEEDS HEREOF.” Defendants DOES 10 through 19 are or, at one time, were
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holders of the contract and are thus subject to all claims and defenses which Plaintiff could assert against
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the seller.
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33. Civil Code § 1793.2(d) is a statute that imposes strict liability without regard to intent and
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which is intended to protect the general welfare. Defendants DOES 20 to 40 are persons who are in a
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position of responsibility which allows them to influence business policies or the activities of the entity
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Defendants in this action. There is a nexus between their position in the entity and the violation alleged
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here such that they could have influenced the actions which constituted the violations.
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Complaint, Demand for Jury Trial
1 Their actions or inactions facilitated the violations alleged herein.
2 34. Defendants DOES 30 to 50 are persons who aided, abetted, and/or ratified the violations
3 of Civil Code § 1793.2(d) alleged in this cause of action.
4 35. Defendant’s failure to comply with its obligations under § 1793.2(d) was willful, in that
5 Defendant and its representative were aware that they were unable to service or repair the Vehicle to
6 conform to the applicable express warranties after a reasonable number of repair attempts, yet Defendant
7 failed and refused to promptly replace the Vehicle or make a restitution despite Plaintiff’s demand.
8 Accordingly, Plaintiff is entitled to a civil penalty of two times Plaintiff’s actual damages pursuant to §
9 1794(c).
10 36. Defendant does not maintain a qualified third-party dispute resolution process which
11 substantially complies with § 1793.22. Despite Defendant’s violation of §1793.2(d) and its notice
12 thereof, Defendant filed to comply with its obligations within a reasonable time. Accordingly, Plaintiff is
13 entitled to a civil penalty of two times Plaintiff’s actual damages pursuant to Civil Code § 1794(e).
14 37. Plaintiff seeks civil penalties pursuant to § 1794, subdivisions (c) and (e) in the
15 alternative and does not seek to cumulate civil penalties, as provided in § 1794(f).
16 SIXTH CAUSE OF ACTION
17 BY PLAINTIFF DAVID COLLINS AGAINST
18 DEFENDANT FCA USA, LLC AND DOES 1 to 50
19 FAILURE TO COMMENCE REPAIRS WITHIN A REASONABLE TIME AND TO
20 COMPLETE THEM WITHIN 30 DAYS CAL. CIV. CODE § 1794
21 38. Plaintiff incorporates by reference the allegations contained in paragraphs 4 through 6
22 and paragraph 10, above.
23 39. Although Plaintiff delivered the Vehicle to Defendant’s representative in this state and
24 may continue to do so even after this lawsuit is filed, Defendant and its representative failed to commence
25 the service or repairs within a reasonable time and failed to service or repair the Vehicle so as to conform
26 to the applicable warranties within 30 days, in violation of Civil Code § 1793.2(b). Plaintiff did not
27 extend the time for completion of repairs beyond the 30-day requirement.
28 40. Plaintiff has been damaged by Defendant’s failure to comply with its obligations pursuant
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Complaint, Demand for Jury Trial
1 to § 1793.2(b), and therefore brings this claim pursuant to § 1794.
2 41. Plaintiff’s agreement to purchase the Vehicle was memorialized in a written document
3 which provides, among other things, that “ANY HOLDER OF THIS CONSUMER CREDIT
4 CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD
5 ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO
6 OR WITH THE PROCEEDS HEREOF.” Defendants DOES 10 through 19 are or, at one time, were
7 holders of the contract and are thus subject to all claims and defenses which Plaintiff could assert against
8 the seller.
9 42. Defendant’s failure to comply with its obligations under § 1793.2(b) was willful, in that
10 Defendant and its representative were aware that they were obligated to service or repair the Vehicle to
11 conform to the applicable express warranties within 30 days, yet they failed to do so. Accordingly,
12 Plaintiff is entitled to a civil penalty of two times Plaintiff’s actual damages pursuant to § 1794(c).
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14 PRAYER
15 PLAINTIFF PRAYS for judgment against Defendant as follows:
16 1. For Plaintiff’s damages in the amount of at least $63,492.00.
17 2. For restitution to Plaintiff in the amount of $63,492.00.
18 3. For an order enjoining Defendants from engaging in any act or practice constituting a
19 violation of Business & Professions Code section 17531.
20 4. On Plaintiff’s Fourth Cause of Action, for a civil penalty for each violation in the amount
21 of $126,984.00 which is two times Plaintiff’s total damages, pursuant to Civil Code § 1794(c).
22 5. On Plaintiff’s Fifth Cause of Action, for a declaration that Defendant is obligated to make
23 restitution to Plaintiff pursuant to subdivision (d) of Civil Code section 1793.2 and to brand the title as
24 required by subdivision (c) of Civil Code section 1793.23
25 6. On Plaintiff’s Fifth Cause of Action, for a civil penalty for each violation in the amount
26 of $126,984.00, which is two times Plaintiff’s total damages, pursuant to Civil Code § 1794(c) and (e).
27 7. On Plaintiff’s Sixth Cause of Action, for a civil penalty for each violation in the amount
28 of $126,984.00, which is two times Plaintiff’s total damages, pursuant to Civil Code § 1794(c).
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Complaint, Demand for Jury Trial
1 8. For any consequential and incidental damages.
2 9. For costs of the suit and Plaintiff’s reasonable attorneys’ fees.
3 10. For prejudgment interest at the legal rate.
4 11. And for such other relief as the Court may deem proper.
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June 12, 2020
DATED: __________ HARRIS CONSUMER LAW
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_______________________________
8 Jill L. Harris
Attorney for Plaintiff,
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10 DEMAND FOR JURY TRIAL
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Plaintiff hereby demands a jury trial on all causes of action asserted herein.
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13 DATED: June 12, 2020
_______________ HARRIS CONSUMER LAW
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____________________________
15 Jill L. Harris
Attorney for Plaintiff
16 David Collins
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Complaint, Demand for Jury Trial