Complaint

Cal. Super. - 3rd Dist.August 1, 2017

to ha nd WG 6 CALIFORNIA LEMON LAW GROUP, INC. Superi Deborah L. Horowitz, State Bar No. 216607 Cane 11440 West Bernardo Court Suite 300 San Diego, California 92127 Telephone: (858) 759-2501 Jake Ch Facsimile: (858) 759-2502 Executive \Officer E-mail: Debbie@CaliforniaLemonLawGroup.com By: P. of Ca of Placer Attorneys for Plaintiff SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER SeuUunnzQaq7Qa JIM CRUM, CaseNo: VY YUU ITS ? 9 Plaintiff, COMPLAINT FOR RESTITUTION AND DAMAGES [VIOLATION OF THE SONG- FORD MOTOR COMPANY, and DOES, 1 BEVERLY CONSUMER WARRANTY through 10, inclusive, ACT] V. Defendants. Complaint Filed: July 31, 2017 BY FAX Plaintiff, JIM CRUM, alleges as follows: GENERAL ALLEGATIONS 1. Plaintiff is informed and believes, and thereon alleges, that at all times herein defendant FORD MOTOR COMPANY, is and was a corporation and registered to do business in the State of California and doing business in the County of Placer. 2. The true names and capacities of DOES 1 through 10, inclusive, are not known to Plaintiff at this time and therefore Plaintiff sues those defendants by such fictitious names. Plaintiff will amend this complaint to allege the true names and capacities of such defendants when they are ascertained. If Ml | COMPLAINT FOR RESTITUTION AND DAMAGES bo la d mn 6 20 3. Each of the defendants in this case acted as the principal, agent, employee or other authorized representative in relation to the other; all defendants acted at all times mentioned in this complaint within the course and scope of their respective authority and with the full knowledge and consent of the other defendants. Furthermore, Plaintiff is informed and believe and thereon allege that all acts of corporate employees as hereinafter alleged were authorized or ratified by an officer, director, or managing agent of the corporate employer. 4. On or about April 26, 2014, Plaintiff purchased a brand new 2014 Ford Focus with Vehicle Identification Number: 1FADP3F20EL294731. 5. Pursuant to the Song-Beverly Consumer Warranty Act (hereinafter the “Act”) Civil Code sections 1790 et seq., the aforementioned vehicle constitutes a “new motor vehicle.” 6. Plaintiff is a “buyer” of consumer goods under the Act. 7. Defendant FORD MOTOR COMPANY is a “manufacturer” and/or “distributor” under the Act. 8. Defendant FORD MOTOR COMPANY offered an “express warranty” to Plaintiff pursuant to the Act. 9. The sale of the aforementioned vehicle to Plaintiff was accompanied by an implied warranty that the vehicle was merchantable. The sale of the aforesaid vehicle to Plaintiff was also accompanied by defendant FORD MOTOR COMPANY ’S implied warranty of fitness. 10. The subject vehicle has suffered from serious defects and non-conformities to warranty, including, but not limited to, the repeated failure of the transmission system. The foregoing defects and non-conformities to warranty manifested themselves within the applicable express warranty period. 11. Plaintiff delivered the subject vehicle to an authorized FORD MOTOR COMPANY service and repair facility for repair of the aforementioned defects and non- conformities to warranty on numerous occasions. Ml 7 COMPLAINT FOR RESTITUTION AND DAMAGES 10 11 13 14 16 17 18 19 No NV bi nt So i) bo 12. Defendant has been unable and/or has refused to conform Plaintiff's vehicle to the applicable express and implied warranties under the Act after a reasonable number of repair attempts. Furthermore, the aforementioned defects and non-conformities to warranty substantially impair the use, value, and/or safety of the subject vehicle to Plaintiff. 13. Notwithstanding Plaintiff's entitlement, defendant failed to comply with its obligations under the Act to repurchase the vehicle and make restitution. 14. By failure of defendant to comply with its obligations under the Act to repurchase the vehicle and make restitution, defendant is in breach of its obligations under the Act. 15. Plaintiff is entitled to justifiably revoke acceptance of the aforementioned vehicle under the Act. 16. Under the Act, Plaintiff is entitled to reimbursement of the purchase price paid for the subject vehicle less that amount directly attributable to use by the Plaintiff prior to the discovery of the defects and non-conformities. Plaintiff is entitled to all incidental, consequential and general damages resulting from defendant's failure to comply with its obligations under the Act. 17. Plaintiff is entitled under the Act to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably incurred in connection with the commencement and prosecution of this action. 18. Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages in that defendant has willfully failed to comply with its responsibilities under the Act. Ml Ml Mit Ml Mf MI MI COMPLAINT FOR RESTITUTION AND DAMAGES WHEREFORE, Plaintiff prays for judgment against defendant as follows: 1. For rescission of the contract and restitution of all consideration: For actual compensatory and general damages according to proof at time of trial: That such actual, compensatory and general damages be doubled and awarded Prejudgment interest from date of rescission: For attorney's fees incurred herein according to proof; oO a fF YO KN For costs of suit incurred herein; and 7. For such other and further relief as the Court deems just and proper. Dated: July 31, 2017 CALIFORNIA LEMONLAW GROUP, INC. Attorneys-fer-Plaintiff fo \ f Mira a By: nici DEBORAH L- HOROWITZ 4 COMPLAINT FOR RESTITUTION AND DAMAGES