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QUILL & ARROW, LLP
1
Kevin Y. Jacobson, Esq. (SBN 320532) E-FILED
2 Renia Zadourian, Esq. (SBN 331252) 3/16/2021 11:41 AM
Athena Nguyen, Esq. (SBN 331265) Superior Court of California
3 10900 Wilshire Boulevard, Suite 300 County of Fresno
Los Angeles, CA, 90024 By: A. Rodriguez, Deputy
4 Telephone: (310) 933-4271
5 Facsimile: (310) 889-0645
E-mail: kjacobson@quillarrowlaw.com
6 rzadourian@quillarrowlaw.com
anguyen@quillarrowlaw.com
7 e-service@quillarrowlaw.com
8
Attorney for Plaintiff,
9 SHANEICE NYCOLE PANNELL
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF FRESNO
13
14 SHANEICE NYCOLE PANNELL, an Case No.: 21CECG00756
individual, Unlimited Jurisdiction
15
COMPLAINT
16 Plaintiff,
1. VIOLATION OF SONG-BEVERLY
17 vs. ACT - BREACH OF EXPRESS
WARRANTY
18 NISSAN NORTH AMERICA, INC., a 2. VIOLATION OF SONG-BEVERLY
19 California Corporation, and DOES 1 ACT - BREACH OF IMPLIED
through 10, inclusive, WARRANTY
20 3. VIOLATION OF THE SONG-
BEVERLY ACT SECTION 1793.2
21 Defendants.
22
23
24
25
26
27
28
COMPLAINT
1 Plaintiff, SHANEICE NYCOLE PANNELL, an individual, alleges as follows against
2 Defendants NISSAN NORTH AMERICA, INC., a California Corporation (“NISSAN NORTH
3 AMERICA, INC.”), and DOES 1 through 10 inclusive, on information and belief, formed after a
4 reasonable inquiry under the circumstances:
5 DEMAND FOR JURY TRIAL
6 1. Plaintiff, SHANEICE NYCOLE PANNELL, hereby demands trial by jury in this
action.
7
GENERAL ALLEGATIONS
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2. Plaintiff, SHANEICE NYCOLE PANNELL, is an individual residing in the City of
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Clovis, State of California.
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3. Defendant NISSAN NORTH AMERICA, INC. is a California Corporation
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operating and doing business in the State of California.
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4. These causes of action arise out of the warranty obligations of NISSAN NORTH
13
AMERICA, INC. in connection with a vehicle purchased by Plaintiff and for which NISSAN
14
NORTH AMERICA, INC. issued a written warranty.
15
5. Plaintiff does not know the true names and capacities, whether corporate,
16 partnership, associate, individual or otherwise of Defendant issued herein as Does 1 through 10,
17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant
18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences and
19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend
20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant,
21 together with appropriate charging allegations, when ascertained.
22 6. All acts of corporate employees as alleged were authorized or ratified by an officer,
23 director, or managing agent of the corporate employer.
24 7. Each Defendant, whether actually or fictitiously named herein, was the principal,
agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal
25
or within the course and scope of such employment or agency, took some part in the acts and
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omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief
27
prayed for herein.
28 -2-
COMPLAINT
1 8. On March 5, 2020, Plaintiff purchased a used 2018 Nissan Altima , having VIN No.
2 1N4AL3AP7JC184156 ("the Subject Vehicle”). Express warranties accompanied the sale of the
3 Subject Vehicle to Plaintiff by which NISSAN NORTH AMERICA, INC. undertook to preserve
4 or maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was
5 a failure in such utility or performance.
6 9. The Subject Vehicle was delivered to Plaintiff with serious defects and
nonconformities to warranty and developed other serious defects and nonconformities to warranty
7
including, but not limited to, the engine, transmission, and structural system defects.
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10. Plaintiff hereby revokes acceptance of the sales contract.
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11. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the "Act") Civil
10
Code sections 1790 et seq. the Subject Vehicle constitutes "consumer goods” used primarily for
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family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
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12. Plaintiff is a "buyer" of consumer goods under the Act.
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13. Defendant NISSAN NORTH AMERICA, INC. is a "manufacturer" and/or
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“distributor" under the Act.
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14. Plaintiff hereby demands trial by jury in this action.
16 FIRST CAUSE OF ACTION
17 Violation of the Song-Beverly Act – Breach of Express Warranty
18 15. Plaintiff incorporates herein by reference each and every allegation contained in the
19 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
20 16. Express warranties accompanied the sale of the vehicle to Plaintiff by which
21 NISSAN NORTH AMERICA, INC., undertook to preserve or maintain the utility or performance
22 of Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or performance.
23 17. The Subject Vehicle was delivered to Plaintiff with serious defects and
24 nonconformities to warranty and developed other serious defects and nonconformities to warranty
including, but not limited to, engine, transmission, and structural system defects.
25
18. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the "Act") Civil
26
Code sections 1790 et seq. the vehicle constitutes "consumer goods” used primarily for family or
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household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
28 -3-
COMPLAINT
1 19. Plaintiff is the "buyer" of consumer goods under the Act.
2 20. Defendant NISSAN NORTH AMERICA, INC. is a "manufacturer" and/or
3 “distributor" under the Act.
4 21. The foregoing defects and nonconformities to warranty manifested themselves in
5 the Subject Vehicle within the applicable express warranty period. The nonconformities
6 substantially impair the use, value and/or safety of the vehicle.
22. Plaintiff delivered the vehicle to an authorized NISSAN NORTH AMERICA, INC.
7
repair facility for repair of the nonconformities.
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23. Defendant was unable to conform Plaintiff’s vehicle to the applicable express after
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a reasonable number of repair attempts.
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24. Notwithstanding Plaintiff’s entitlement, Defendant NISSAN NORTH AMERICA,
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INC. has failed to either promptly replace the new motor vehicle or to promptly make restitution in
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accordance with the Song-Beverly Act.
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25. By failure of Defendant to remedy the defects as alleged above, or to issue a refund
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or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
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26. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
16 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
17 nonconformities.
18 27. Plaintiff is entitled to all incidental, consequential, and general damages resulting
19 from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
20 28. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
21 sum equal to the aggregate amount of costs and expenses, including attorney's fees, reasonably
22 incurred in connection with the commencement and prosecution of this action.
23 29. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled in
24 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
for NISSAN NORTH AMERICA, INC.’s willful failure to comply with its responsibilities under
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the Act.
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28 -4-
COMPLAINT
1 SECOND CAUSE OF ACTION
2 Violation of the Song-Beverly Act – Breach of Implied Warranty
3 30. Plaintiff incorporates herein by reference each and every allegation contained in the
4 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
5 31. NISSAN NORTH AMERICA, INC. and its authorized dealership at which Plaintiff
6 purchased the subject vehicle had reason to know the purpose of the Subject Vehicle at the time of
sale of the subject vehicle. The sale of the Subject Vehicle was accompanied by implied warranties
7
provided for under the law.
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32. Among other warranties, the sale of the Subject Vehicle was accompanied by an
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implied warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792.
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33. The Subject Vehicle was not fit for the ordinary purpose for which such goods are
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used because it was equipped with one or more defective vehicle systems/components.
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34. The Subject Vehicle did not measure up to the promises or facts stated on the
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container or label because it was equipped with one or more defective vehicle systems/components.
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35. The Subject Vehicle was not of the same quality as those generally acceptable in the
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trade because it was sold with one or more defective vehicle systems/components which manifested
16 as engine, transmission, and structural system defects.
17 36. Upon information and belief, the defective vehicle systems and components were
18 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
19 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
20 applicable laws.
21 37. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
22 Code, section 1794, et seq.
23 38. Plaintiff hereby revokes acceptance of the Subject Vehicle.
24 39. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
1794, et seq.
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40. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
26
et seq. and Commercial Code, section 2711.
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///
28 -5-
COMPLAINT
1 41. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
2 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
3 THIRD CAUSE OF ACTION
4 Violation of the Song-Beverly Act Section 1793.2(b)
5 42. Plaintiff incorporates herein by reference each and every allegation contained in the
6 preceding and succeeding paragraphs as though herein fully restated and re-alleged.
43. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
7
consumer goods in California, for which it has made an express warranty, shall maintain service
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and repair facilities or designate and authorize independent service and repair facilities to carry out
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the terms of those warranties.
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44. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
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goods is necessary because they do not conform with the applicable express warranties, service and
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repair shall be commenced within a reasonable time by the manufacturer or its representative.
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45. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
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or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
15
time.
16 46. The sale of the Subject Vehicle was accompanied by express warranties, including
17 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective
18 parts, including the electrical system.
19 47. Plaintiff delivered the subject vehicle to NISSAN NORTH AMERICA, INC.’s
20 authorized service representatives on multiple occasions. The subject vehicle was delivered for
21 repairs of defects, which amount to nonconformities to the express warranties that accompanied
22 the sale of the subject vehicle.
23 48. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
24 within 30-days and/or commence repairs within a reasonable time and NISSAN NORTH
AMERICA, INC. has failed to tender the subject vehicle back to Plaintiff in conformance with its
25
warranties within the timeframes set forth in Civil Code section 1793.2(b).
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49. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil
27
Code, section 1794, et seq.
28 -6-
COMPLAINT
1 50. Plaintiff hereby revokes acceptance of the subject vehicle.
2 51. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
3 1794, et seq.
4 52. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
5 et seq. and Commercial Code, section 2711.
6 53. Plaintiff is entitled to recover any “cover” damages under Commercial Code
sections 2711, 2712, and Civil Code, section 1794, et seq.
7
54. Plaintiff is entitled to recover all incidental and consequential damages pursuant to
8
1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
9
55. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
10
times the amount of actual damages in that NISSAN NORTH AMERICA, INC. has willfully failed
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to comply with its responsibilities under the Act.
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PRAYER FOR RELIEF
13 WHEREFORE, Plaintiff prays for judgment against Defendants, as follows:
14 1. For general, special, and actual damages according to proof at trial;
15 2. For rescission of the purchase contract and restitution of all monies expended;
16 3. For diminution in value;
4. For incidental and consequential damages according to proof at trial;
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5. For civil penalty in the amount of two times Plaintiffs’ actual damages;
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6. For prejudgment interest at the legal rate;
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7. For reasonable attorney's fees and costs of suit; and
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For such other and further relief as the Court deems just and proper under the circumstances.
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22 Dated: March 16, 2021
QUILL & ARROW, LLP
23
24
________________________
25 Kevin Y. Jacobson, Esq.
Attorneys for Plaintiff,
26 SHANEICE NYCOLE PANNELL
27
28 -7-
COMPLAINT
Preview
QUILL & ARROW, LLP 1 Kevin Y. Jacobson, Esq. (SBN 320532) E-FILED 2 Renia Zadourian, Esq. (SBN 331252) 3/16/2021 11:41 AM Athena Nguyen, Esq. (SBN 331265) Superior Court of California 3 10900 Wilshire Boulevard, Suite 300 County of Fresno Los Angeles, CA, 90024 By: A. Rodriguez, Deputy 4 Telephone: (310) 933-4271 5 Facsimile: (310) 889-0645 E-mail: kjacobson@quillarrowlaw.com 6 rzadourian@quillarrowlaw.com anguyen@quillarrowlaw.com 7 e-service@quillarrowlaw.com 8 Attorney for Plaintiff, 9 SHANEICE NYCOLE PANNELL 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF FRESNO 13 14 SHANEICE NYCOLE PANNELL, an Case No.: 21CECG00756 individual, Unlimited Jurisdiction 15 COMPLAINT 16 Plaintiff, 1. VIOLATION OF SONG-BEVERLY 17 vs. ACT - BREACH OF EXPRESS WARRANTY 18 NISSAN NORTH AMERICA, INC., a 2. VIOLATION OF SONG-BEVERLY 19 California Corporation, and DOES 1 ACT - BREACH OF IMPLIED through 10, inclusive, WARRANTY 20 3. VIOLATION OF THE SONG- BEVERLY ACT SECTION 1793.2 21 Defendants. 22 23 24 25 26 27 28 COMPLAINT 1 Plaintiff, SHANEICE NYCOLE PANNELL, an individual, alleges as follows against 2 Defendants NISSAN NORTH AMERICA, INC., a California Corporation (“NISSAN NORTH 3 AMERICA, INC.”), and DOES 1 through 10 inclusive, on information and belief, formed after a 4 reasonable inquiry under the circumstances: 5 DEMAND FOR JURY TRIAL 6 1. Plaintiff, SHANEICE NYCOLE PANNELL, hereby demands trial by jury in this action. 7 GENERAL ALLEGATIONS 8 2. Plaintiff, SHANEICE NYCOLE PANNELL, is an individual residing in the City of 9 Clovis, State of California. 10 3. Defendant NISSAN NORTH AMERICA, INC. is a California Corporation 11 operating and doing business in the State of California. 12 4. These causes of action arise out of the warranty obligations of NISSAN NORTH 13 AMERICA, INC. in connection with a vehicle purchased by Plaintiff and for which NISSAN 14 NORTH AMERICA, INC. issued a written warranty. 15 5. Plaintiff does not know the true names and capacities, whether corporate, 16 partnership, associate, individual or otherwise of Defendant issued herein as Does 1 through 10, 17 inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendant 18 Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences and 19 transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend 20 this Complaint to set forth the true names and capacities of the fictitiously named Defendant, 21 together with appropriate charging allegations, when ascertained. 22 6. All acts of corporate employees as alleged were authorized or ratified by an officer, 23 director, or managing agent of the corporate employer. 24 7. Each Defendant, whether actually or fictitiously named herein, was the principal, agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal 25 or within the course and scope of such employment or agency, took some part in the acts and 26 omissions hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief 27 prayed for herein. 28 -2- COMPLAINT 1 8. On March 5, 2020, Plaintiff purchased a used 2018 Nissan Altima , having VIN No. 2 1N4AL3AP7JC184156 ("the Subject Vehicle”). Express warranties accompanied the sale of the 3 Subject Vehicle to Plaintiff by which NISSAN NORTH AMERICA, INC. undertook to preserve 4 or maintain the utility or performance of Plaintiff’s vehicle or to provide compensation if there was 5 a failure in such utility or performance. 6 9. The Subject Vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty 7 including, but not limited to, the engine, transmission, and structural system defects. 8 10. Plaintiff hereby revokes acceptance of the sales contract. 9 11. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the "Act") Civil 10 Code sections 1790 et seq. the Subject Vehicle constitutes "consumer goods” used primarily for 11 family or household purposes, and Plaintiff has used the vehicle primarily for those purposes. 12 12. Plaintiff is a "buyer" of consumer goods under the Act. 13 13. Defendant NISSAN NORTH AMERICA, INC. is a "manufacturer" and/or 14 “distributor" under the Act. 15 14. Plaintiff hereby demands trial by jury in this action. 16 FIRST CAUSE OF ACTION 17 Violation of the Song-Beverly Act – Breach of Express Warranty 18 15. Plaintiff incorporates herein by reference each and every allegation contained in the 19 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 20 16. Express warranties accompanied the sale of the vehicle to Plaintiff by which 21 NISSAN NORTH AMERICA, INC., undertook to preserve or maintain the utility or performance 22 of Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or performance. 23 17. The Subject Vehicle was delivered to Plaintiff with serious defects and 24 nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, engine, transmission, and structural system defects. 25 18. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the "Act") Civil 26 Code sections 1790 et seq. the vehicle constitutes "consumer goods” used primarily for family or 27 household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes. 28 -3- COMPLAINT 1 19. Plaintiff is the "buyer" of consumer goods under the Act. 2 20. Defendant NISSAN NORTH AMERICA, INC. is a "manufacturer" and/or 3 “distributor" under the Act. 4 21. The foregoing defects and nonconformities to warranty manifested themselves in 5 the Subject Vehicle within the applicable express warranty period. The nonconformities 6 substantially impair the use, value and/or safety of the vehicle. 22. Plaintiff delivered the vehicle to an authorized NISSAN NORTH AMERICA, INC. 7 repair facility for repair of the nonconformities. 8 23. Defendant was unable to conform Plaintiff’s vehicle to the applicable express after 9 a reasonable number of repair attempts. 10 24. Notwithstanding Plaintiff’s entitlement, Defendant NISSAN NORTH AMERICA, 11 INC. has failed to either promptly replace the new motor vehicle or to promptly make restitution in 12 accordance with the Song-Beverly Act. 13 25. By failure of Defendant to remedy the defects as alleged above, or to issue a refund 14 or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act. 15 26. Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle 16 less that amount directly attributable to use by the Plaintiff prior to the first presentation of the 17 nonconformities. 18 27. Plaintiff is entitled to all incidental, consequential, and general damages resulting 19 from Defendant’s failure to comply with its obligations under the Song-Beverly Act. 20 28. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a 21 sum equal to the aggregate amount of costs and expenses, including attorney's fees, reasonably 22 incurred in connection with the commencement and prosecution of this action. 23 29. Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled in 24 addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages for NISSAN NORTH AMERICA, INC.’s willful failure to comply with its responsibilities under 25 the Act. 26 /// 27 /// 28 -4- COMPLAINT 1 SECOND CAUSE OF ACTION 2 Violation of the Song-Beverly Act – Breach of Implied Warranty 3 30. Plaintiff incorporates herein by reference each and every allegation contained in the 4 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 5 31. NISSAN NORTH AMERICA, INC. and its authorized dealership at which Plaintiff 6 purchased the subject vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the subject vehicle. The sale of the Subject Vehicle was accompanied by implied warranties 7 provided for under the law. 8 32. Among other warranties, the sale of the Subject Vehicle was accompanied by an 9 implied warranty that the Subject vehicle was merchantable pursuant to Civil Code section 1792. 10 33. The Subject Vehicle was not fit for the ordinary purpose for which such goods are 11 used because it was equipped with one or more defective vehicle systems/components. 12 34. The Subject Vehicle did not measure up to the promises or facts stated on the 13 container or label because it was equipped with one or more defective vehicle systems/components. 14 35. The Subject Vehicle was not of the same quality as those generally acceptable in the 15 trade because it was sold with one or more defective vehicle systems/components which manifested 16 as engine, transmission, and structural system defects. 17 36. Upon information and belief, the defective vehicle systems and components were 18 present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied 19 warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other 20 applicable laws. 21 37. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 22 Code, section 1794, et seq. 23 38. Plaintiff hereby revokes acceptance of the Subject Vehicle. 24 39. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 1794, et seq. 25 40. Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794, 26 et seq. and Commercial Code, section 2711. 27 /// 28 -5- COMPLAINT 1 41. Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages 2 under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq. 3 THIRD CAUSE OF ACTION 4 Violation of the Song-Beverly Act Section 1793.2(b) 5 42. Plaintiff incorporates herein by reference each and every allegation contained in the 6 preceding and succeeding paragraphs as though herein fully restated and re-alleged. 43. Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells 7 consumer goods in California, for which it has made an express warranty, shall maintain service 8 and repair facilities or designate and authorize independent service and repair facilities to carry out 9 the terms of those warranties. 10 44. Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of 11 goods is necessary because they do not conform with the applicable express warranties, service and 12 repair shall be commenced within a reasonable time by the manufacturer or its representative. 13 45. Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced 14 or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable 15 time. 16 46. The sale of the Subject Vehicle was accompanied by express warranties, including 17 a warranty guaranteeing that the subject vehicle was safe to drive and not equipped with defective 18 parts, including the electrical system. 19 47. Plaintiff delivered the subject vehicle to NISSAN NORTH AMERICA, INC.’s 20 authorized service representatives on multiple occasions. The subject vehicle was delivered for 21 repairs of defects, which amount to nonconformities to the express warranties that accompanied 22 the sale of the subject vehicle. 23 48. Defendant’s authorized facilities did not conform the Subject Vehicle to warranty 24 within 30-days and/or commence repairs within a reasonable time and NISSAN NORTH AMERICA, INC. has failed to tender the subject vehicle back to Plaintiff in conformance with its 25 warranties within the timeframes set forth in Civil Code section 1793.2(b). 26 49. Plaintiff is entitled to justifiably revoke acceptance of the subject vehicle under Civil 27 Code, section 1794, et seq. 28 -6- COMPLAINT 1 50. Plaintiff hereby revokes acceptance of the subject vehicle. 2 51. Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section 3 1794, et seq. 4 52. Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794, 5 et seq. and Commercial Code, section 2711. 6 53. Plaintiff is entitled to recover any “cover” damages under Commercial Code sections 2711, 2712, and Civil Code, section 1794, et seq. 7 54. Plaintiff is entitled to recover all incidental and consequential damages pursuant to 8 1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq. 9 55. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two 10 times the amount of actual damages in that NISSAN NORTH AMERICA, INC. has willfully failed 11 to comply with its responsibilities under the Act. 12 PRAYER FOR RELIEF 13 WHEREFORE, Plaintiff prays for judgment against Defendants, as follows: 14 1. For general, special, and actual damages according to proof at trial; 15 2. For rescission of the purchase contract and restitution of all monies expended; 16 3. For diminution in value; 4. For incidental and consequential damages according to proof at trial; 17 5. For civil penalty in the amount of two times Plaintiffs’ actual damages; 18 6. For prejudgment interest at the legal rate; 19 7. For reasonable attorney's fees and costs of suit; and 20 For such other and further relief as the Court deems just and proper under the circumstances. 21 22 Dated: March 16, 2021 QUILL & ARROW, LLP 23 24 ________________________ 25 Kevin Y. Jacobson, Esq. Attorneys for Plaintiff, 26 SHANEICE NYCOLE PANNELL 27 28 -7- COMPLAINT