Preview
Electronically Filed
1 DAVID N. BARRY, ESQ. (SBN 219230) 10/8/2020 9:50 AM
THE BARRY LAW FIRM Superior Court of California
2 11845 W. Olympic Blvd., Suite 1270 County of Stanislaus
Los Angeles, CA 90064
3 Telephone: 310.684.5859 Clerk of the Court
Facsimile: 310.862.4539 By: Mouang Saechao, Deputy
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Attorney for Plaintiff, JAMES BOND
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF STANISLAUS - CITY TOWERS COURTHOUSE
10 Case No. CV-19-005526
JAMES BOND, an individual,
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12 Plaintiff, FIRST AMENDED COMPLAINT FOR
DAMAGES
13 V.
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15 NISSAN NORTH AMERICA, INC., A
16 California Corporation; and DOES 1 through
17 20, inclusive, Assigned for all purposes to the Hon.
in Dept.
18 Defendants.
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21 1. Breach oflmplied Warranty of Merchantability under the Song-Beverly Warranty Act.
22 2. Breach of Express Warranty under the Song-Beverly Warranty Act.
23 JURY TRIAL DEMANDED.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 PLAINTIFF JAMES BOND, an individual, hereby alleges and complains as follows:
2 GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
3 1. Plaintiff is an individual, residing in the County of Stanislaus, in the State of
4 California.
5 2. Defendant, NISSAN NORTH AMERICA, INC. (hereinafter referred to as
6 "Manufacturer"), is a corporation doing business in the County of Stanislaus, State of California,
7 and, at all times relevant herein, was/is engaged in the manufacture, sale, distribution, and/or
8 importing of Nissan motor vehicles and related equipment.
9 3. The true names and capacities, whether individual, corporate, associate, or otherwise,
10 of the Defendants, Does 1 through 20, inclusive, are unknown to Plaintiff who therefore sues these
11 Defendants by such fictitious names. Plaintiff will seek leave to amend this Complaint to set forth
12 their true names and capacities when they have ascertained them. Further, Plaintiff is informed and
13 believes, and thereon alleges, that each of the Defendants designated herein as a "Doe" is
14 responsible in some manner for the events and happenings herein referred to and caused injury and
15 damage to Plaintiff as herein alleged.
16 4. Plaintiff is informed and believes, and thereon alleges, that at all times herein
17 mentioned, Defendants, and each of them, were the agents, servants, and/or employees of each of
18 their Co-Defendants. Plaintiff is informed and believes, and thereon alleges, that in doing the
19 things hereinafter alleged Defendants, and each of them, were acting in the course and scope of
20 their employment as such agents, servants, and/or employees, and with the permission, consent,
21 knowledge, and/or ratification of their Co-Defendants, principals, and/or employers.
22 5. On or about October 28, 2014, defendants Manufacturer and Does 1 through 20
23 inclusive, manufactured and/or distributed into the stream of commerce a new 2014 Nissan Sentra,
24 VIN 3N1AB7 AP9EY304222 (hereinafter referred to as the "Vehicle") for its eventual sale/lease in
25 the State of California.
26 6. On or about October 21, 2017 Plaintiff purchased, for personal, family, and/or
27 household purposes, the used subject Vehicle from the Seller for a total consideration over the term
28 of the installment contract of approximately $22,750.00. The purchase agreement is in the
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 possession of Defendants.
2 7. The subject Vehicle was/is a "new motor vehicle" under the Song-Beverly Warranty
3 Act.
4 8. Along with the purchase of the Vehicle, Plaintiff received written warranties and other
5 express and implied warranties including, but not limited to, warranties from Manufacturer and
6 Seller that the Vehicle and its components would be free from all defects in material and
7 workmanship; that the Vehicle would pass without objection in the trade under the contract
8 description; that the Vehide would be fitfor the ordinary purposes for which it was intended; that
9 the Vehicle would conform to the promises and affirmations of fact made; that Defendants, and
10 each of them, would perform any repairs, alignments, adjustments, and/or replacements of any
11 parts necessary to ensure that the Vehicle was free from any defects in material and workmanship;
12 that Defendants, and each of them, would maintain the utility of the Vehicle for Three (3) years or
13 36,000 miles under the basic warranty and Five (5) years or 60,000 miles under the powertrain
14 warranty and would conform the Vehicle to the applicable express warranties. (A copy of the
15 written warranty is in the possession of the Defendants).
16 9. Plaintiff has duly performed all the conditions on Plaintiffs part under the purchase
17 agreement and under the express and implied warranties given to plaintiff, except insofar as the
18 acts and/or omissions of the Defendants, and each of them, as alleged herein, prevented and/or
19 excused such performance.
20 10. Plaintiff has delivered the Vehicle to the Manufacturer's authorized service and
21 repair facilities, agents and/or dealers, including Seller, on at least Two (2) separate occasions
22 resulting in the Vehicle being out of service by reason of repair of nonconformities. Repair
23 Orders/Invoices are in the possession of Defendants.
24 11. By way of example, and not by way of limitation, the defects, malfunctions, mis
25 adjustments, and/or nonconformities with Plaintiffs Vehicle include the following: Plaintiff has
26 submitted the subject Vehicle for defects and malfunctions, specifically for issues with acceleration
27 and transmission failure, torque mount failure, transmission replacement failure, and right front
28 wheel bearing failure.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 12. Each time Plaintiff delivered the nonconforming Vehicle to a Manufacturer-
2 authorized service and repair facility, Plaintiff notified Defendants, and each of them, of the
3 defects, malfunctions, misadjustments, and/or nonconformities existent with the Vehicle and
4 demanded that Manufacturer or its representatives repair, adjust, and/or replace any necessary parts
5 to conform the Vehicle to the applicable warranties.
6 13. Each time Plaintiff delivered the nonconforming Vehicle to a Manufacturer-
7 authorized service and repair facility, Defendants, and each of them, represented to Plaintiff that
8 they could and would conform the Vehicle to the applicable warranties, that in fad they did
9 conform the Vehicle to said warranties, and that all the defects, malfunctions, mis adjustments,
10 and/or nonconformities have been repaired; however, Manufacturer or its representatives failed to
11 conform the Vehicle to the applicable warranties because said defects, malfunctions, mis
12 adjustments, and/or nonconformities continue to exist even after a reasonable number of attempts
13 to repair was given.
14 The CVT Transmission Defect
15 14. The Subject Vehicle's transmission is Nissan's Continuously Variable Transmission
16 and was designed and marketed as a more advanced and fuel-efficient alternative to a traditional
17 manual or automatic transmission and offered it as the sole "Automatic" option in the subject
18 vehicle.
19 15. Nissan manufactured and/or distributed more than five hundred thousand vehicles
20 throughout the United States equipped with defective continuously variable transmissions
21 ("CVT"). These defective CVT transmissions were installed in all Seventh generation (i.e., model
22 year 2013 - 2017) Nissan Sentra automobiles sold or leased to consumers, including Plaintiff.
23 16. The CVT is defective in that itcauses hesitation from a stop before acceleration;
24 sudden, hard shaking during deceleration; sudden, hard shaking and violent jerking (commonly
25 known as "juddering" or "shuddering") during acceleration; and complete failure to function, each
26 and all of which prevent a CVT-equipped vehicle from operating as intended by the driver,
27 especially during acceleration from a complete stop.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 17. This transmission defect creates unreasonably dangerous situations while driving
2 and increases the risk of a crash when trying to accelerate from a stop; at low speeds when drivers
3 intend to accelerate to merge with highway traffic; and when attempting to drive uphill. The
4 transmission defect creates a serious safety risk that can lead to accidents, injuries, or even death to
5 the driver, the vehicles' occupants, other drivers and pedestrians.
6 18. Plaintiff reasonably expected that his 2014 Sentra would not experience
7 transmission problems. These are reasonable and objective consumer expectations.
8 19. Defendants knew or should have known about the safety hazard posed by the
9 defective transmissions before the sale of CVT-equipped vehicles from pre-market testing,
10 consumer complaints to the National Highway Safety Administration ("NHSTA"), consumer
11 complaints made directly to Defendants and their dealers, and other sources which drove
12 Defendants to issue Technical Service Bulletins C'TSBs") acknowledging the transmissions'
13 defect. Defendants should not have sold, leased, or marketed the CVT-equipped vehicles without
14 full and complete disclosures of the transmission defect, and should have voluntarily recalled all
15 CVT-equipped vehicles long ago.
16 20. Despite claims from Defendants of stronger acceleration from a standing start and
17 rapid and seamless acceleration, consumers have not experienced a smoother ride from Nissan's
18 CVT-equipped vehicles. Multiple reviews in automotive journals and customer complaints
19 documented and confirmed that the transmissions in multiple vehicles were exhibiting the defects,
20 malfunctions, misadj ustment, and nonconformities that the Plaintiff now complains of.
21 21. As a result of the Transmission Defect, in 2013 and 2014, Defendants issued several
22 TSBs to its dealers in the United States acknowledging defects in the CVT. Nissan's TSB from
23 February 27, 2013, covering the 2013 Nissan Sentra, informed dealers that the engine "has
24 hesitation or stops running at idle or very low speeds. The engine intermittently experiences a small
25 RPM decrease for a short duration or stops running during braking, as the vehicle is coming to a
26 stop."
27 22. Defendants have a long history of minimizing the significance of the CVT defect by
28 preparing and issuing TSBs and written service campaigns to its dealerships service and repair
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1 facilities, through which it implies that the defect occurs only in certain, seemingly rare
2 circumstances and is capable of repair by the procedures Defendants authorize.
3 23. In their TSBs and service campaigns issued to its dealerships' service and repair
4 facilities, Defendants have attributed this problem to computer software issues or deteriorated
5 transmission fluid; however, Defendants' proposed fixes have not resolved the CVT defect in
6 affected vehicles.
7 24. Within a year of selling the first CVT-equipped vehicle, Defendants acknowledged
8 the CVT transmission failures in a January 3, 2013 TSB.
9 25. Defendants' January 3, 2013 TSB underrepresented the CVT defect by stating that
10 vehicles equipped with a CVT would experience a small RPM decrease for a short duration or
11 would stop running when braking and shifting into reverse or drive. What Defendants failed to
12 communicate was that the engines would also exhibit hesitation or lag, or would stop running
13 entirely, when accelerating from a stop. To resolve the issue, Defendants recommended that service
14 technicians reprogram the Engine Control Module ("ECM") first and, if applicable, the
15 Transmission Control Module ("TCM").
16 26. On March 15, 2013 Defendants continued to minimize the CVT defect by releasing
17 a further TSB that documented its "Voluntary Service Campaign" to reprogram the ECM and, if
18 necessary, the TCM in CVT-equipped 2013 Nissan Sentras to prevent a condition in which the
19 vehicle's engine may stop running when first shifting out of park, or at very low speeds (when
20 taking off after a stop or coasting to a stop) in cold weather. Defendants specifically stated in this
21 TSB that "The vehicle still meets and exceeds applicable safety standards and there is no
22 unreasonable risk to motor vehicle safety."
23 27. On May 30, 2013, Defendants noted that the engines in 2013 Sentras continued to
24 display intermittent RPM drops while stopped, and recommended reprogramming the ECM if the
25 March 15 Voluntary Service Campaign set forth in NTB13-022 already had "been completed."
26 28. By January 27, 2014 Defendants expanded their TSBs to include all 2013 and 2014
27 Nissan Sentras and identified continued problems with the engines' RPM dropping very low while
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 stopped, and failing to run altogether while coming to a complete stop. Defendants recommended
2 that technicians reprogram the TCM.
3 29. On August 13, 2015 Defendants conducted another Voluntary Service Campaign to
4 reprogram the CVT in 2013 - 2014 Nissan Sentras because, according to the TSB, "the belt may
5 slip when manually shifting from the L range to the D range due to low hydraulic pressure. Belt
6 slippage may result in noise, vibration and poor acceleration. Left unrepaired, this condition may
7 reduce the durability of the CVT. This is not a safety issue, and the vehicle meets or exceeds
8 applicable safety standards."
9 30. The above-described recommendations to "fix" the CVT defect through ECM and
10 TCM reprogramming (the software "updates") whether performed by Defendants prior to delivery
11 of the CVT-equipped vehicles or performed by a repair technician after delivery, failed to remedy
12 the transmission failures present in all CVT-equipped vehicles.
13 31. Upon information and belief, Defendants have yet to develop any solution to correct
14 the transmission defect.
15 32. Defendants have continuously experienced problems over a number of years with its
16 CVT transmissions that result in the same transmission failures that the Plaintiff has experienced.
17 Yet, Defendants have continued to install CVT transmissions in its vehicles and failed to
18 adequately disclose to the Plaintiff or other consumers the resulting transmission failures or the
19 safety implications of such failures.
20 33. Defendants knew about the transmission defect contained in Sentra vehicles
21 equipped with the CVT transmission, along with the attendant safety problems and associated
22 costs, and concealed the existence of those defects from Plaintiff and other consumers prior to the
23 time they purchased or leased their respective Sentra vehicles. Defendants continued this
24 concealment from Plaintiff and other consumers following their respective sales or leases. Instead
25 of repairing the defects in the subject vehicle's transmission, Defendants either refused to
26 acknowledge their existence, or performed ineffectual software upgrades that simply masked the
27 defects.
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1 34. If Plaintiff knew about these defects at the time of sale or lease, Plaintiff would not
2 have purchased or leased the Subject Vehicle.
3 35. Despite Defendants' knowledge of the defect in the CVT transmission present in the
4 Subject Vehicle, Defendants continued to fail to disclose this unresolved safety defect to new and
5 subsequent purchasers and lessees of CVT-equipped vehicles, including Plaintiff. Defendant
6 continues to manufacture and sell Nissan Sentras equipped with the defective transmissions
7 without any disclosure to consumers about these hidden safety defects. Defendants otherwise
8 prevent reasonable consumers from repairing or discovering this hazard until the vehicle's
9 transmission unexpectedly fails to properly function, placing its occupants and other travelers in
10 danger.
11 36. Defendants had superior and exclusive knowledge of the transmission defect, and
12 knew or should have known that the defect was not known or reasonably discoverable by Plaintiff
13 before he purchased or leased the subject vehicle.
14 37. Plaintiff is informed and believes and based thereon alleges that before Plaintiff
15 purchased or leased the subject vehicle, and since at least 2010, Nissan knew about the
16 Transmission Defect through sources not available to consumers, including pre-release testing data,
17 early consumer complaints about the transmission defects to Nissan and its dealers, testing
18 conducted in response to those complaints, high failure rates and replacement part sales data,
19 aggregate data from Nissan dealers, among other internal sources of aggregate information about
20 the problem.
21 38. The amount in controversy exceeds TWENTY FIVE THOUSAND DOLLARS
22 ($25,000.00), exclusive of interest and costs, for which Plaintiff seeks judgment against
23 Defendants, together with equitable relief. In addition, Plaintiff seeks damages from Defendants,
24 and each of them, for incidental, consequential, exemplary, and actual damages including interest,
25 costs, and actual attorneys' fees.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 FIRST CAUSE OF ACTION
2 Breach of Implied Warranty of Merchantability under Song-Beverly Warranty Act
3 Against all Defendants
4 39. Plaintiff realleges each and every paragraph (1-38) and incorporates them by this
5 reference as though fully set forth herein.
6 40. The distribution and sale of the Vehicle was accompanied by the Manufacturer
7 implied warranty that the Vehicle was merchantable.
8 41. Furthermore, Defendants, and each of them, impliedly warranted, inter alia, that the
9 Vehicle would pass without objection in the trade under the contract description; that the Vehicle
10 was fit for the ordinary purposes for which it was intended; that the Vehicle was adequately
11 assembled; and/or that the Vehicle conformed to the promises or affirmations of fact made to
12 Plaintiff.
13 42. As evidenced by the defects, malfunctions, mis adjustments, and/or nonconformities
14 alleged herein, the Vehicle was not merchantable because itdid not have the quality that a buyer
15 would reasonably expect, because it could not pass without objection in the trade under the contract
16 description; because itwas not fit for the ordinary purposes for which itwas intended; because it
17 was not adequately assembled; and/or because it did not or could not be conformed to the promises
18 or affirmations of fact made to Plaintiff.
19 43. Upon discovery of the Vehicle's nonconformities, Plaintiff took reasonable steps to
20 notify Defendants, and each of them, within a reasonable time that the Vehicle did not have the
21 quality that a buyer would reasonably expect and, further, justifiably revoked acceptance of the
22 nonconforming Vehicle.
23 44. Plaintiff hereby gives written notice and justifiably revokes acceptance of the
24 nonconforming Vehicle under the Commercial Code sections 2607 and 2608. Plaintiff further
25 demands that the Manufacturer cancel the sale, take back the nonconforming Vehicle, refund all
26 the money expended, pay the difference between the value of the Vehicle as accepted and the value
27 the Vehicle would have had if it had been as warranted, and/or pay damages under the Commercial
28 Code sections 2711, 2714, and 2715. Defendants, and each of them, have, however, refused to
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1 comply.
2 45. Plaintiff hereby gives written notice and makes demand upon Manufacturer for
3 replacement or restitution, pursuant to Song-Beverly. Defendants, and each of them, knew of their
4 obligations under Song-Beverly; however, despite Plaintiffs demand, Defendants and each of
5 them, have intentionally failed and refused to make restitution or replacement pursuant to Song-
6 Beverly.
7 46. As a result of the acts and/or omissions of the Defendants, and each of them, Plaintiff
8 has sustained damage in the amount actually paid or payable under the contract, plus prejudgment
9 interest thereon at the legal rate. Plaintiff will seek leave to amend this Complaint to set forth the
10 exact amount thereof when that amount is ascertained.
11 47. As a further result of the actions of Defendants, and each of them, Plaintiff has
12 sustained incidental and consequential damages in an amount yet to be determined, plus interest
13 thereon at the legal rate. Plaintiff will seek leave to amend this Complaint to set forth the exact
14 amount of incidental damages when that amount is ascertained.
15 48. As a further result of the actions of Defendants, and each of them, Plaintiff has
16 sustained damages equal to the difference between the value of the Vehicle as accepted and the
17 value the Vehicle would have had if it had been as warranted.
18 49. As a direct result of the acts and/or omissions of Defendants, and each of them, and
19 in pursuing Plaintiffs claim, it was necessary for Plaintiff to retain legal counsel. Pursuant to
20 Song-Beverly, Plaintiff, in addition to his other remedies, is entitled to the recovery of his
21 attorneys' fees based upon actual time expended and reasonably incurred, in connection with the
22 commencement and prosecution of this action.
23 SECOND CAUSE OF ACTION
24 Breach of Express Warranty under Song-Beverly Warranty Act
25 Against all Defendants
26 50. Plaintiff realleges each and every paragraph (1-49) and incorporates them by this
27 reference as though fully set forth herein.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 51. The Vehicle had defects, malfunctions, mis adjustments, and/or nonconformities
2 covered by the warranty that substantially impaired its value, use, or safety to Plaintiff.
3 52. Plaintiff delivered the Vehicle to Manufacturer or its authorized repair facilities for
4 repair.
5 53. Defendants, and each of them, failed to service or repair the Vehicle to match the
6 written warranty after a reasonable number of opportunities to do so.
7 54. The acts and/or omissions of Defendants, and each of them, in failing to perform the
8 proper repairs, part replacements, and/or adjustments, to conform the Vehicle to the applicable
9 express warranties constitute a breach of the express warranties that the Manufacturer provided to
10 Plaintiff, thereby breaching Defendants' obligations under Song-Beverly.
11 55. Defendants, and each of them, failed to perform the necessary repairs and/or service
12 in good and workmanlike manner. The actions taken by Defendants, and each of them, were
13 insufficient to make the Subject Vehicle conform to the express warranties and/or proper
14 operational characteristics of like Vehicles, all in violation of Defendants' obligations under Song-
15 Beverly.
16 56. Plaintiff hereby gives written notice and makes demand upon Manufacturer for
17 replacement or restitution, pursuant to Song-Beverly. Defendants and each of them, knowing their
18 obligations under Song-Beverly, and despite Plaintiffs demand, failed and refused to make
19 restitution or replacement according to the mandates of Song-Beverly. The failure of Defendants,
20 and each of them, to refund the price paid and payable or to replace the Vehicle was intentional and
21 justifies an award of a Civil Penalty in an amount not to exceed two times Plaintiffs actual
22 damages.
23 57. As a result of the acts and/or omissions of Defendants, and each of them, and
24 pursuant to the provisions of the Song-Beverly, Plaintiff is entitled to replacement of the Vehicle or
25 restitution of the amount actually paid or payable under the contract, at Plaintiffs election, plus
26 prejudgment interest thereon at the legal rate. Plaintiff will seek leave of Court to amend this
27 Complaint to set forth the exact amount of restitution and interest, upon election, when that amount
28 has been ascertained.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 58. Additionally, as a result of the acts and/or omissions of Defendants, and each of
2 them, and pursuant to Song-Beverly, Plaintiff has sustained and is entitled to consequential and
3 incidental damages in amounts yet to be determined, plus interest thereon at the legal rate. Plaintiff
4 will seek leave of the court to amend this complaint to set forth the exact amount of consequential
5 and/ or incidental damages, when those amounts have been ascertained.
6 59. As a direct result of the acts and/or omissions of Defendants, and each of them, and
7 in pursuing Plaintiffs claim, it was necessary for Plaintiff to retain legal counsel. Pursuant to
8 Song-Beverly, Plaintit1: in addition to other remedies, is entitled to the recovery of his attorneys'
9 fees based upon actual time expended and reasonably incurred, in connection with the
10 commencement and prosecution of this action.
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 PRAYER FOR RELIEF
2 WHEREFORE, Plaintiff prays for judgment against all Defendants, and each of them, as
3 follows:
4 A. For replacement or restitution, at Plaintiff's election, according to proof;
5 B. For incidental damages, according to proof;
6 C. For consequential damages, according to proof;
7 D. For a civil penalty as provided in Song-Beverly, in an amount not to exceed two
8 times the amount of Plaintiff's actual damages;
9 E. For actual attorney's fees, reasonably incurred;
10 F. For costs of suit and expenses, according to proof;
11 G. For the difference between the value of the Vehicle as accepted and the value the
12 Vehicle would have had if it had been as warranted;
13 H. For remedies provided in Chapters 6 and 7 of Division 2 of the Commercial Code;
14 I. For pre-judgment interest at the legal rate;
15 J. Such other relief the Court d~s appropriate.
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Date: October 7, 2020
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FIRST AMENDED COMPLAINT FOR DAMAGES
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA
3 COUNTY OF STANISLAUS
4 BOND V. NISSAN NORTH AMERICA, INC.
CASE# CV-19-005526
5
6 I am employed in the County of Los Angeles, State of California. I am over the age of
eighteen (18) years and not a party to the within action; my business address is: 11845 W. Olympic
7 Boulevard, Suite 1270, Los Angeles, CA 90064.
8 On October 8, 2020, I served the following described as:
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PLAINTIFF JAMES BOND'S FIRST AMENDED COMPLAINT FOR DAMAGES
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Service was made in the below ascribed manner, on the interested parties in this action by
11 placing a true copy thereof enclosed in a sealed envelope addressed to:
12 PLEASE SEE ATTACHED SERVICE LIST
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[] (MAIL) I am "readily familiar" with the legal departmenf s practice for collection and
14 processing of correspondence for mailing. It is deposited with the U.S. postal service on
that same day in the ordinary course of business. I am aware that on motion of the party
15 served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one day after the date of deposit for mailing in affidavit.
16
17 [] (OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on
the interested parties noted below by GSO Delivery Service in an envelope or package
18 designated by the express service caITier in a facility which is deposited with the GSO
Delivery Service in our building on the same day, in the ordinary course of business with
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delivery fees paid or provided for.
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[] (PERSONAL SERVICE) I caused the above described document to be personally served
21 on the interested parties noted below.
22 (BY E-MAIL) I caused such document to be delivered
[X]
23 offices of the addressee: ·''~"·C-""'·'···"·""···"'''·· · "'·"-"····'·"·"·'·"'·'···
24 [X] (STATE) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
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Executed on the 8th of October 2020, at Los Angeles, California.
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Krizel Hernandez
28 NAME SIONATORE
PROOF OF SERVICE
1 SERVICE LIST
2 BOND V. NISSAN NORTH AMERICA, INC.
3 CASE# CV-19-005526
4 1.+---------------------.-------------------,1
Paul S. Lecky, Esq. Attorneys for Defendant,
5 BHC Law Group LLP NISSAN NORTH AMERICA, INC.
5900 Hollis Street, Suite 0
6 Emeryville, CA 4608-2604
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PROOF OF SERVICE
Preview
Electronically Filed 1 DAVID N. BARRY, ESQ. (SBN 219230) 10/8/2020 9:50 AM THE BARRY LAW FIRM Superior Court of California 2 11845 W. Olympic Blvd., Suite 1270 County of Stanislaus Los Angeles, CA 90064 3 Telephone: 310.684.5859 Clerk of the Court Facsimile: 310.862.4539 By: Mouang Saechao, Deputy 4 Attorney for Plaintiff, JAMES BOND 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF STANISLAUS - CITY TOWERS COURTHOUSE 10 Case No. CV-19-005526 JAMES BOND, an individual, 11 12 Plaintiff, FIRST AMENDED COMPLAINT FOR DAMAGES 13 V. 14 15 NISSAN NORTH AMERICA, INC., A 16 California Corporation; and DOES 1 through 17 20, inclusive, Assigned for all purposes to the Hon. in Dept. 18 Defendants. 19 20 21 1. Breach oflmplied Warranty of Merchantability under the Song-Beverly Warranty Act. 22 2. Breach of Express Warranty under the Song-Beverly Warranty Act. 23 JURY TRIAL DEMANDED. 24 25 26 27 28 -1- FIRST AMENDED COMPLAINT FOR DAMAGES 1 PLAINTIFF JAMES BOND, an individual, hereby alleges and complains as follows: 2 GENERAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 3 1. Plaintiff is an individual, residing in the County of Stanislaus, in the State of 4 California. 5 2. Defendant, NISSAN NORTH AMERICA, INC. (hereinafter referred to as 6 "Manufacturer"), is a corporation doing business in the County of Stanislaus, State of California, 7 and, at all times relevant herein, was/is engaged in the manufacture, sale, distribution, and/or 8 importing of Nissan motor vehicles and related equipment. 9 3. The true names and capacities, whether individual, corporate, associate, or otherwise, 10 of the Defendants, Does 1 through 20, inclusive, are unknown to Plaintiff who therefore sues these 11 Defendants by such fictitious names. Plaintiff will seek leave to amend this Complaint to set forth 12 their true names and capacities when they have ascertained them. Further, Plaintiff is informed and 13 believes, and thereon alleges, that each of the Defendants designated herein as a "Doe" is 14 responsible in some manner for the events and happenings herein referred to and caused injury and 15 damage to Plaintiff as herein alleged. 16 4. Plaintiff is informed and believes, and thereon alleges, that at all times herein 17 mentioned, Defendants, and each of them, were the agents, servants, and/or employees of each of 18 their Co-Defendants. Plaintiff is informed and believes, and thereon alleges, that in doing the 19 things hereinafter alleged Defendants, and each of them, were acting in the course and scope of 20 their employment as such agents, servants, and/or employees, and with the permission, consent, 21 knowledge, and/or ratification of their Co-Defendants, principals, and/or employers. 22 5. On or about October 28, 2014, defendants Manufacturer and Does 1 through 20 23 inclusive, manufactured and/or distributed into the stream of commerce a new 2014 Nissan Sentra, 24 VIN 3N1AB7 AP9EY304222 (hereinafter referred to as the "Vehicle") for its eventual sale/lease in 25 the State of California. 26 6. On or about October 21, 2017 Plaintiff purchased, for personal, family, and/or 27 household purposes, the used subject Vehicle from the Seller for a total consideration over the term 28 of the installment contract of approximately $22,750.00. The purchase agreement is in the -2- FIRST AMENDED COMPLAINT FOR DAMAGES 1 possession of Defendants. 2 7. The subject Vehicle was/is a "new motor vehicle" under the Song-Beverly Warranty 3 Act. 4 8. Along with the purchase of the Vehicle, Plaintiff received written warranties and other 5 express and implied warranties including, but not limited to, warranties from Manufacturer and 6 Seller that the Vehicle and its components would be free from all defects in material and 7 workmanship; that the Vehicle would pass without objection in the trade under the contract 8 description; that the Vehide would be fitfor the ordinary purposes for which it was intended; that 9 the Vehicle would conform to the promises and affirmations of fact made; that Defendants, and 10 each of them, would perform any repairs, alignments, adjustments, and/or replacements of any 11 parts necessary to ensure that the Vehicle was free from any defects in material and workmanship; 12 that Defendants, and each of them, would maintain the utility of the Vehicle for Three (3) years or 13 36,000 miles under the basic warranty and Five (5) years or 60,000 miles under the powertrain 14 warranty and would conform the Vehicle to the applicable express warranties. (A copy of the 15 written warranty is in the possession of the Defendants). 16 9. Plaintiff has duly performed all the conditions on Plaintiffs part under the purchase 17 agreement and under the express and implied warranties given to plaintiff, except insofar as the 18 acts and/or omissions of the Defendants, and each of them, as alleged herein, prevented and/or 19 excused such performance. 20 10. Plaintiff has delivered the Vehicle to the Manufacturer's authorized service and 21 repair facilities, agents and/or dealers, including Seller, on at least Two (2) separate occasions 22 resulting in the Vehicle being out of service by reason of repair of nonconformities. Repair 23 Orders/Invoices are in the possession of Defendants. 24 11. By way of example, and not by way of limitation, the defects, malfunctions, mis 25 adjustments, and/or nonconformities with Plaintiffs Vehicle include the following: Plaintiff has 26 submitted the subject Vehicle for defects and malfunctions, specifically for issues with acceleration 27 and transmission failure, torque mount failure, transmission replacement failure, and right front 28 wheel bearing failure. -3- FIRST AMENDED COMPLAINT FOR DAMAGES 1 12. Each time Plaintiff delivered the nonconforming Vehicle to a Manufacturer- 2 authorized service and repair facility, Plaintiff notified Defendants, and each of them, of the 3 defects, malfunctions, misadjustments, and/or nonconformities existent with the Vehicle and 4 demanded that Manufacturer or its representatives repair, adjust, and/or replace any necessary parts 5 to conform the Vehicle to the applicable warranties. 6 13. Each time Plaintiff delivered the nonconforming Vehicle to a Manufacturer- 7 authorized service and repair facility, Defendants, and each of them, represented to Plaintiff that 8 they could and would conform the Vehicle to the applicable warranties, that in fad they did 9 conform the Vehicle to said warranties, and that all the defects, malfunctions, mis adjustments, 10 and/or nonconformities have been repaired; however, Manufacturer or its representatives failed to 11 conform the Vehicle to the applicable warranties because said defects, malfunctions, mis 12 adjustments, and/or nonconformities continue to exist even after a reasonable number of attempts 13 to repair was given. 14 The CVT Transmission Defect 15 14. The Subject Vehicle's transmission is Nissan's Continuously Variable Transmission 16 and was designed and marketed as a more advanced and fuel-efficient alternative to a traditional 17 manual or automatic transmission and offered it as the sole "Automatic" option in the subject 18 vehicle. 19 15. Nissan manufactured and/or distributed more than five hundred thousand vehicles 20 throughout the United States equipped with defective continuously variable transmissions 21 ("CVT"). These defective CVT transmissions were installed in all Seventh generation (i.e., model 22 year 2013 - 2017) Nissan Sentra automobiles sold or leased to consumers, including Plaintiff. 23 16. The CVT is defective in that itcauses hesitation from a stop before acceleration; 24 sudden, hard shaking during deceleration; sudden, hard shaking and violent jerking (commonly 25 known as "juddering" or "shuddering") during acceleration; and complete failure to function, each 26 and all of which prevent a CVT-equipped vehicle from operating as intended by the driver, 27 especially during acceleration from a complete stop. 28 -4- FIRST AMENDED COMPLAINT FOR DAMAGES 1 17. This transmission defect creates unreasonably dangerous situations while driving 2 and increases the risk of a crash when trying to accelerate from a stop; at low speeds when drivers 3 intend to accelerate to merge with highway traffic; and when attempting to drive uphill. The 4 transmission defect creates a serious safety risk that can lead to accidents, injuries, or even death to 5 the driver, the vehicles' occupants, other drivers and pedestrians. 6 18. Plaintiff reasonably expected that his 2014 Sentra would not experience 7 transmission problems. These are reasonable and objective consumer expectations. 8 19. Defendants knew or should have known about the safety hazard posed by the 9 defective transmissions before the sale of CVT-equipped vehicles from pre-market testing, 10 consumer complaints to the National Highway Safety Administration ("NHSTA"), consumer 11 complaints made directly to Defendants and their dealers, and other sources which drove 12 Defendants to issue Technical Service Bulletins C'TSBs") acknowledging the transmissions' 13 defect. Defendants should not have sold, leased, or marketed the CVT-equipped vehicles without 14 full and complete disclosures of the transmission defect, and should have voluntarily recalled all 15 CVT-equipped vehicles long ago. 16 20. Despite claims from Defendants of stronger acceleration from a standing start and 17 rapid and seamless acceleration, consumers have not experienced a smoother ride from Nissan's 18 CVT-equipped vehicles. Multiple reviews in automotive journals and customer complaints 19 documented and confirmed that the transmissions in multiple vehicles were exhibiting the defects, 20 malfunctions, misadj ustment, and nonconformities that the Plaintiff now complains of. 21 21. As a result of the Transmission Defect, in 2013 and 2014, Defendants issued several 22 TSBs to its dealers in the United States acknowledging defects in the CVT. Nissan's TSB from 23 February 27, 2013, covering the 2013 Nissan Sentra, informed dealers that the engine "has 24 hesitation or stops running at idle or very low speeds. The engine intermittently experiences a small 25 RPM decrease for a short duration or stops running during braking, as the vehicle is coming to a 26 stop." 27 22. Defendants have a long history of minimizing the significance of the CVT defect by 28 preparing and issuing TSBs and written service campaigns to its dealerships service and repair -5- FIRST AMENDED COMPLAINT FOR DAMAGES 1 facilities, through which it implies that the defect occurs only in certain, seemingly rare 2 circumstances and is capable of repair by the procedures Defendants authorize. 3 23. In their TSBs and service campaigns issued to its dealerships' service and repair 4 facilities, Defendants have attributed this problem to computer software issues or deteriorated 5 transmission fluid; however, Defendants' proposed fixes have not resolved the CVT defect in 6 affected vehicles. 7 24. Within a year of selling the first CVT-equipped vehicle, Defendants acknowledged 8 the CVT transmission failures in a January 3, 2013 TSB. 9 25. Defendants' January 3, 2013 TSB underrepresented the CVT defect by stating that 10 vehicles equipped with a CVT would experience a small RPM decrease for a short duration or 11 would stop running when braking and shifting into reverse or drive. What Defendants failed to 12 communicate was that the engines would also exhibit hesitation or lag, or would stop running 13 entirely, when accelerating from a stop. To resolve the issue, Defendants recommended that service 14 technicians reprogram the Engine Control Module ("ECM") first and, if applicable, the 15 Transmission Control Module ("TCM"). 16 26. On March 15, 2013 Defendants continued to minimize the CVT defect by releasing 17 a further TSB that documented its "Voluntary Service Campaign" to reprogram the ECM and, if 18 necessary, the TCM in CVT-equipped 2013 Nissan Sentras to prevent a condition in which the 19 vehicle's engine may stop running when first shifting out of park, or at very low speeds (when 20 taking off after a stop or coasting to a stop) in cold weather. Defendants specifically stated in this 21 TSB that "The vehicle still meets and exceeds applicable safety standards and there is no 22 unreasonable risk to motor vehicle safety." 23 27. On May 30, 2013, Defendants noted that the engines in 2013 Sentras continued to 24 display intermittent RPM drops while stopped, and recommended reprogramming the ECM if the 25 March 15 Voluntary Service Campaign set forth in NTB13-022 already had "been completed." 26 28. By January 27, 2014 Defendants expanded their TSBs to include all 2013 and 2014 27 Nissan Sentras and identified continued problems with the engines' RPM dropping very low while 28 -6- FIRST AMENDED COMPLAINT FOR DAMAGES 1 stopped, and failing to run altogether while coming to a complete stop. Defendants recommended 2 that technicians reprogram the TCM. 3 29. On August 13, 2015 Defendants conducted another Voluntary Service Campaign to 4 reprogram the CVT in 2013 - 2014 Nissan Sentras because, according to the TSB, "the belt may 5 slip when manually shifting from the L range to the D range due to low hydraulic pressure. Belt 6 slippage may result in noise, vibration and poor acceleration. Left unrepaired, this condition may 7 reduce the durability of the CVT. This is not a safety issue, and the vehicle meets or exceeds 8 applicable safety standards." 9 30. The above-described recommendations to "fix" the CVT defect through ECM and 10 TCM reprogramming (the software "updates") whether performed by Defendants prior to delivery 11 of the CVT-equipped vehicles or performed by a repair technician after delivery, failed to remedy 12 the transmission failures present in all CVT-equipped vehicles. 13 31. Upon information and belief, Defendants have yet to develop any solution to correct 14 the transmission defect. 15 32. Defendants have continuously experienced problems over a number of years with its 16 CVT transmissions that result in the same transmission failures that the Plaintiff has experienced. 17 Yet, Defendants have continued to install CVT transmissions in its vehicles and failed to 18 adequately disclose to the Plaintiff or other consumers the resulting transmission failures or the 19 safety implications of such failures. 20 33. Defendants knew about the transmission defect contained in Sentra vehicles 21 equipped with the CVT transmission, along with the attendant safety problems and associated 22 costs, and concealed the existence of those defects from Plaintiff and other consumers prior to the 23 time they purchased or leased their respective Sentra vehicles. Defendants continued this 24 concealment from Plaintiff and other consumers following their respective sales or leases. Instead 25 of repairing the defects in the subject vehicle's transmission, Defendants either refused to 26 acknowledge their existence, or performed ineffectual software upgrades that simply masked the 27 defects. 28 /// -7- FIRST AMENDED COMPLAINT FOR DAMAGES 1 34. If Plaintiff knew about these defects at the time of sale or lease, Plaintiff would not 2 have purchased or leased the Subject Vehicle. 3 35. Despite Defendants' knowledge of the defect in the CVT transmission present in the 4 Subject Vehicle, Defendants continued to fail to disclose this unresolved safety defect to new and 5 subsequent purchasers and lessees of CVT-equipped vehicles, including Plaintiff. Defendant 6 continues to manufacture and sell Nissan Sentras equipped with the defective transmissions 7 without any disclosure to consumers about these hidden safety defects. Defendants otherwise 8 prevent reasonable consumers from repairing or discovering this hazard until the vehicle's 9 transmission unexpectedly fails to properly function, placing its occupants and other travelers in 10 danger. 11 36. Defendants had superior and exclusive knowledge of the transmission defect, and 12 knew or should have known that the defect was not known or reasonably discoverable by Plaintiff 13 before he purchased or leased the subject vehicle. 14 37. Plaintiff is informed and believes and based thereon alleges that before Plaintiff 15 purchased or leased the subject vehicle, and since at least 2010, Nissan knew about the 16 Transmission Defect through sources not available to consumers, including pre-release testing data, 17 early consumer complaints about the transmission defects to Nissan and its dealers, testing 18 conducted in response to those complaints, high failure rates and replacement part sales data, 19 aggregate data from Nissan dealers, among other internal sources of aggregate information about 20 the problem. 21 38. The amount in controversy exceeds TWENTY FIVE THOUSAND DOLLARS 22 ($25,000.00), exclusive of interest and costs, for which Plaintiff seeks judgment against 23 Defendants, together with equitable relief. In addition, Plaintiff seeks damages from Defendants, 24 and each of them, for incidental, consequential, exemplary, and actual damages including interest, 25 costs, and actual attorneys' fees. 26 Ill 27 Ill 28 Ill -8- FIRST AMENDED COMPLAINT FOR DAMAGES 1 FIRST CAUSE OF ACTION 2 Breach of Implied Warranty of Merchantability under Song-Beverly Warranty Act 3 Against all Defendants 4 39. Plaintiff realleges each and every paragraph (1-38) and incorporates them by this 5 reference as though fully set forth herein. 6 40. The distribution and sale of the Vehicle was accompanied by the Manufacturer 7 implied warranty that the Vehicle was merchantable. 8 41. Furthermore, Defendants, and each of them, impliedly warranted, inter alia, that the 9 Vehicle would pass without objection in the trade under the contract description; that the Vehicle 10 was fit for the ordinary purposes for which it was intended; that the Vehicle was adequately 11 assembled; and/or that the Vehicle conformed to the promises or affirmations of fact made to 12 Plaintiff. 13 42. As evidenced by the defects, malfunctions, mis adjustments, and/or nonconformities 14 alleged herein, the Vehicle was not merchantable because itdid not have the quality that a buyer 15 would reasonably expect, because it could not pass without objection in the trade under the contract 16 description; because itwas not fit for the ordinary purposes for which itwas intended; because it 17 was not adequately assembled; and/or because it did not or could not be conformed to the promises 18 or affirmations of fact made to Plaintiff. 19 43. Upon discovery of the Vehicle's nonconformities, Plaintiff took reasonable steps to 20 notify Defendants, and each of them, within a reasonable time that the Vehicle did not have the 21 quality that a buyer would reasonably expect and, further, justifiably revoked acceptance of the 22 nonconforming Vehicle. 23 44. Plaintiff hereby gives written notice and justifiably revokes acceptance of the 24 nonconforming Vehicle under the Commercial Code sections 2607 and 2608. Plaintiff further 25 demands that the Manufacturer cancel the sale, take back the nonconforming Vehicle, refund all 26 the money expended, pay the difference between the value of the Vehicle as accepted and the value 27 the Vehicle would have had if it had been as warranted, and/or pay damages under the Commercial 28 Code sections 2711, 2714, and 2715. Defendants, and each of them, have, however, refused to -9- FIRST AMENDED COMPLAINT FOR DAMAGES 1 comply. 2 45. Plaintiff hereby gives written notice and makes demand upon Manufacturer for 3 replacement or restitution, pursuant to Song-Beverly. Defendants, and each of them, knew of their 4 obligations under Song-Beverly; however, despite Plaintiffs demand, Defendants and each of 5 them, have intentionally failed and refused to make restitution or replacement pursuant to Song- 6 Beverly. 7 46. As a result of the acts and/or omissions of the Defendants, and each of them, Plaintiff 8 has sustained damage in the amount actually paid or payable under the contract, plus prejudgment 9 interest thereon at the legal rate. Plaintiff will seek leave to amend this Complaint to set forth the 10 exact amount thereof when that amount is ascertained. 11 47. As a further result of the actions of Defendants, and each of them, Plaintiff has 12 sustained incidental and consequential damages in an amount yet to be determined, plus interest 13 thereon at the legal rate. Plaintiff will seek leave to amend this Complaint to set forth the exact 14 amount of incidental damages when that amount is ascertained. 15 48. As a further result of the actions of Defendants, and each of them, Plaintiff has 16 sustained damages equal to the difference between the value of the Vehicle as accepted and the 17 value the Vehicle would have had if it had been as warranted. 18 49. As a direct result of the acts and/or omissions of Defendants, and each of them, and 19 in pursuing Plaintiffs claim, it was necessary for Plaintiff to retain legal counsel. Pursuant to 20 Song-Beverly, Plaintiff, in addition to his other remedies, is entitled to the recovery of his 21 attorneys' fees based upon actual time expended and reasonably incurred, in connection with the 22 commencement and prosecution of this action. 23 SECOND CAUSE OF ACTION 24 Breach of Express Warranty under Song-Beverly Warranty Act 25 Against all Defendants 26 50. Plaintiff realleges each and every paragraph (1-49) and incorporates them by this 27 reference as though fully set forth herein. 28 Ill FIRST AMENDED COMPLAINT FOR DAMAGES 1 51. The Vehicle had defects, malfunctions, mis adjustments, and/or nonconformities 2 covered by the warranty that substantially impaired its value, use, or safety to Plaintiff. 3 52. Plaintiff delivered the Vehicle to Manufacturer or its authorized repair facilities for 4 repair. 5 53. Defendants, and each of them, failed to service or repair the Vehicle to match the 6 written warranty after a reasonable number of opportunities to do so. 7 54. The acts and/or omissions of Defendants, and each of them, in failing to perform the 8 proper repairs, part replacements, and/or adjustments, to conform the Vehicle to the applicable 9 express warranties constitute a breach of the express warranties that the Manufacturer provided to 10 Plaintiff, thereby breaching Defendants' obligations under Song-Beverly. 11 55. Defendants, and each of them, failed to perform the necessary repairs and/or service 12 in good and workmanlike manner. The actions taken by Defendants, and each of them, were 13 insufficient to make the Subject Vehicle conform to the express warranties and/or proper 14 operational characteristics of like Vehicles, all in violation of Defendants' obligations under Song- 15 Beverly. 16 56. Plaintiff hereby gives written notice and makes demand upon Manufacturer for 17 replacement or restitution, pursuant to Song-Beverly. Defendants and each of them, knowing their 18 obligations under Song-Beverly, and despite Plaintiffs demand, failed and refused to make 19 restitution or replacement according to the mandates of Song-Beverly. The failure of Defendants, 20 and each of them, to refund the price paid and payable or to replace the Vehicle was intentional and 21 justifies an award of a Civil Penalty in an amount not to exceed two times Plaintiffs actual 22 damages. 23 57. As a result of the acts and/or omissions of Defendants, and each of them, and 24 pursuant to the provisions of the Song-Beverly, Plaintiff is entitled to replacement of the Vehicle or 25 restitution of the amount actually paid or payable under the contract, at Plaintiffs election, plus 26 prejudgment interest thereon at the legal rate. Plaintiff will seek leave of Court to amend this 27 Complaint to set forth the exact amount of restitution and interest, upon election, when that amount 28 has been ascertained. -11- FIRST AMENDED COMPLAINT FOR DAMAGES 1 58. Additionally, as a result of the acts and/or omissions of Defendants, and each of 2 them, and pursuant to Song-Beverly, Plaintiff has sustained and is entitled to consequential and 3 incidental damages in amounts yet to be determined, plus interest thereon at the legal rate. Plaintiff 4 will seek leave of the court to amend this complaint to set forth the exact amount of consequential 5 and/ or incidental damages, when those amounts have been ascertained. 6 59. As a direct result of the acts and/or omissions of Defendants, and each of them, and 7 in pursuing Plaintiffs claim, it was necessary for Plaintiff to retain legal counsel. Pursuant to 8 Song-Beverly, Plaintit1: in addition to other remedies, is entitled to the recovery of his attorneys' 9 fees based upon actual time expended and reasonably incurred, in connection with the 10 commencement and prosecution of this action. 11 /// 12 /// 13 /// 14 /// 15 /// 16 /// 17 /// 18 /// 19 /// 20 Ill 21 /// 22 Ill 23 Ill 24 Ill 25 Ill 26 Ill 27 Ill 28 Ill -12- FIRST AMENDED COMPLAINT FOR DAMAGES 1 PRAYER FOR RELIEF 2 WHEREFORE, Plaintiff prays for judgment against all Defendants, and each of them, as 3 follows: 4 A. For replacement or restitution, at Plaintiff's election, according to proof; 5 B. For incidental damages, according to proof; 6 C. For consequential damages, according to proof; 7 D. For a civil penalty as provided in Song-Beverly, in an amount not to exceed two 8 times the amount of Plaintiff's actual damages; 9 E. For actual attorney's fees, reasonably incurred; 10 F. For costs of suit and expenses, according to proof; 11 G. For the difference between the value of the Vehicle as accepted and the value the 12 Vehicle would have had if it had been as warranted; 13 H. For remedies provided in Chapters 6 and 7 of Division 2 of the Commercial Code; 14 I. For pre-judgment interest at the legal rate; 15 J. Such other relief the Court d~s appropriate. 16 Date: October 7, 2020 17 18 19 20 21 22 23 24 25 26 27 28 -13- FIRST AMENDED COMPLAINT FOR DAMAGES 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF STANISLAUS 4 BOND V. NISSAN NORTH AMERICA, INC. CASE# CV-19-005526 5 6 I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action; my business address is: 11845 W. Olympic 7 Boulevard, Suite 1270, Los Angeles, CA 90064. 8 On October 8, 2020, I served the following described as: 9 PLAINTIFF JAMES BOND'S FIRST AMENDED COMPLAINT FOR DAMAGES 10 Service was made in the below ascribed manner, on the interested parties in this action by 11 placing a true copy thereof enclosed in a sealed envelope addressed to: 12 PLEASE SEE ATTACHED SERVICE LIST 13 [] (MAIL) I am "readily familiar" with the legal departmenf s practice for collection and 14 processing of correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of the party 15 served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. 16 17 [] (OVERNIGHT DELIVERY MAIL) I caused the above described document to be served on the interested parties noted below by GSO Delivery Service in an envelope or package 18 designated by the express service caITier in a facility which is deposited with the GSO Delivery Service in our building on the same day, in the ordinary course of business with 19 delivery fees paid or provided for. 20 [] (PERSONAL SERVICE) I caused the above described document to be personally served 21 on the interested parties noted below. 22 (BY E-MAIL) I caused such document to be delivered [X] 23 offices of the addressee: ·''~"·C-""'·'···"·""···"'''·· · "'·"-"····'·"·"·'·"'·'··· 24 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 Executed on the 8th of October 2020, at Los Angeles, California. 26 27 Krizel Hernandez 28 NAME SIONATORE PROOF OF SERVICE 1 SERVICE LIST 2 BOND V. NISSAN NORTH AMERICA, INC. 3 CASE# CV-19-005526 4 1.+---------------------.-------------------,1 Paul S. Lecky, Esq. Attorneys for Defendant, 5 BHC Law Group LLP NISSAN NORTH AMERICA, INC. 5900 Hollis Street, Suite 0 6 Emeryville, CA 4608-2604 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE