JO, AN INDIVIDUAL, v. TESLA MOTORS, INC., A DELAWARE CORPORATION Document 1: Document

Superior Court of California, County of Alameda
Case No. 23CV026527
Filed January 30, 2023

Complaint Filed by: JEONGHYUN JO, an individual, (Plaintiff) As to: TESLA MOTORS, INC., A Delaware Corporation (Defendant)

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Roy Koletsky, Esq., SBN Misoo Choi, Esq., SBN KOLETSKY, MANCINI, FELDMAN & MORROW
3460 Wilshire Blvd., Suite Los Angeles, CA Telephone: (213) 427-Fax: (213) 427-Email: rak@kmfm.com; mchoi@kmfm.com

Attorney for Plaintiff JEONGHYUN JO


SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF ALAMEDA - HAYWARD HALL OF JUSTICE

JEONGHYUN JO, an individual,
Plaintiff,
l
Case No.:
COMPLAINT FOR:
1. VIOLATION OF SUBDIVISION (d) OF
CIVIL CODE SECTION 1793.2;
VS.
TESLA MOTORS, INC., A Delaware
Corporation; and DOES 1 through 50,
inclusive;
2. VIOLATION OF SUBDIVISION (b) OF
CIVIL CODE SECTION 1793.2;
Defendants.
3. VIOLATION OF SUBDIVISION (a)(3) OF
CIVIL CODE SECTION 1793.2;
4. BREACH OF EXPRESS WARRANTY
UNDER THE SONG BEVERLY
WARRANTY ACT, CIVIL CODE SECTION
1791.2 SUBDIVISION (a); SECTION 1794;
5. BREACH OF IMPLIED WARRANTY OF
MERCHANTABILITY UNDER THE SONGBEVERLY WARRANTY ACT, CIVIL CODE
SECTION 1791.1; SECTION
DEMAND FOR JURY TRIAL
- 1COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 2
TO THE HONORABLE COURT AND DEFENDANTS HEREIN:

COMES NOW Plaintiff JEONGHYUN JO, an individual, (hereinafter referred to as

"Plaintiff'), for causes of action against Defendants, TESLA MOTORS, INC. (hereinafter

"Manufacturer" or "Defendant TESLA"), and DOES 1 through 50, inclusive, as follows:

PARTIES
1.
JEONGHYUN JO.
2.

Plaintiff, is, and at all times mentioned herein was, a resident of the County of
Santa Clara, State of California.
3.

As used m this Complaint, the word "Plaintiff' shall refer to Plaintiff,
As used in this Complaint, the word "Defendant" shall refer to all Defendants
named in this Complaint.
4.
Defendant TESLA is, and at all times mentioned herein was, a corporation

organized and in existence under the laws of the State of Delaware and registered with the

California Department of Corporations to conduct business in the State of California. Defendant

is, and at all times mentioned herein was, engaged in the design, manufacture, construction,

assembly, marketing, sale, and distribution of automobiles, motor vehicles and other related

components and services in Alameda County.

5.
Plaintiff is ignorant of the true names and/or capacities, whether individual,

corporate, associate, or otherwise, of defendants DOES 1 through 50, inclusive, and each of

them. Plaintiff will amend this Complaint and state the true names and/or capacities of said

fictitiously named defendants when the same have been ascertained.
GENERAL ALLEGATIONS

6.
On or about March 13, 2022, in exchange for valuable consideration, Plaintiff

purchased a 2022 Tesla Model Y (hereinafter "Vehicle"), manufactured and/or distributed by

Defendant TESLA, with corresponding Vehicle Identification Number 7SAYGDEF0NF400817.

Plaintiff purchased the vehicle from Tesla Motors Inc., an authorized Tesla dealership located in

Fremont, California.
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COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 3
7.
civil penalties exceeds $25,000.

8.

purposes.

9.

The total amount paid and payable, incidental and consequential damages and
Plaintiff purchased the Vehicle primarily for personal, family, or household
Plaintiff purchased the Vehicle from a person or entity in the business of
manufacturing, distributing, or selling consumer goods at retail.
10.
In connection with the purchase of the Vehicle, Plaintiff received an express

written warranty in which Defendant undertook to preserve or maintain the utility or

performance of the Vehicle or to provide compensation if there is a failure in utility or
1o performance for a specified period of time. The warranty provided, in relevant part, that in the
event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver

the Vehicle for repair services to Defendant's representative and the Vehicle would be repaired.

11.
After Plaintiff took possession of the Vehicle and during the warranty period, the

Vehicle contained or developed defects, listed below, that substantially impair the use, safety,

and/or value of the Vehicle.

12.
including, but not limited to the following:
a.


Exterior Trim - Spoiler misalignment and after multiple attempts to
service it, replacing the spoiler it has yet to be repaired successfully;
b.

During the warranty period, the Vehicle contained or developed defects,
and any additional complaints made by Plaintiff, whether or not they are
contained in the records or on any repair orders.
13.
The defects listed above violate the express written warranties issued by
Defendant, as well as the implied warranty of merchantability.
14.
Plaintiff provided Defendant and its representatives m this state sufficient
opportunity to service or repair the Vehicle.
15.
Defendant and its representatives in this state were unable and/or failed to service
or repair the Vehicle within a reasonable number of attempts.
-3COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 4 16.

Vehicle.
17.

Said defects could not have been discovered by Plaintiff prior to Plaintiff's
acceptance of the Vehicle.
18.

Said defects have substantially impaired the safety, use and/or value of the
Plaintiff has been and will continue to be financially damaged due to Defendant's
failure to comply with the provisions of the express and implied warranties.

FIRST CAUSE OF ACTION

BY PLAINTIFF AGAINST DEFENDANT TESLA ONLY

VIOLATION OF SUBDIVISION (d) OF CIVIL CODE SECTION 1793.
19.
Plaintiff re-alleges and incorporates herein by reference each and every allegation

and statement contained in paragraphs 1 through 18, inclusive, of the General Allegations,

above.

20.
Plaintiff presented the Vehicle for repair to Defendant and its representatives in
this state for various defects that substantially impair the safety, use and/or value of the Vehicle.
21.
Defendant and its representatives in this state have been unable to service o

repair the Vehicle to conform to the applicable express warranties after a reasonable number o

opportunities. Despite this fact, Defendant failed to promptly replace the Vehicle or make

restitution to Plaintiff as required by Civil Code section 1793.2, subdivision (d) and Civil Code

section 1794, subdivision (a).

22.
Plaintiff has been damaged by Defendant's failure to comply with its obligations

pursuant to Civil Code section 1793.2, subdivision (d), and therefore brings this Cause o

Action pursuant to Civil Code section 1794.

23.
Defendant's failure to comply with its obligations under Civil Code sectio

1793.2, subdivision (d) was willful, in that Defendant and its representative were aware tha

they were unable to service or repair the Vehicle to conform to the applicable express

warranties after a reasonable number of repair attempts, yet Defendant failed and refused to

promptly replace the Vehicle or make restitution. Accordingly, Plaintiff is entitled to a civil
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COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
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penalty of two times Plaintiffs actual damages pursuant to Civil Code section 1794,

subdivision (c).
24.

Defendant does not maintain a qualified third-party dispute resolution process

which substantially complies with Civil Code section 1793.22. Accordingly, Plaintiff is entitled

to a civil penalty of two times Plaintiffs actual damages pursuant to Civil Code section 1794,

subdivision (e).
25.

Plaintiff seeks civil penalties pursuant to section 1794, subdivisions (c), and (e) in

the alternative and does not seek to cumulate civil penalties, as provided in Civil Code section

1794, subdivision (e)(5).

SECOND CAUSE OF ACTION

BY PLAINTIFF AGAINST DEFENDANT TESLA ONLY

VIOLATION OF SUBDIVISION (b) OF CIVIL CODE SECTION 1793.
26.

Plaintiff re-alleges and incorporates herein by reference each and every allegation

and statement contained in paragraphs 1 through 25, inclusive, of the General Allegations,

above.
27.

Although Plaintiff presented the Vehicle to Defendant's representative in this

state, Defendant and its representative failed to commence the service or repairs within a

reasonable time and failed to service or repair the Vehicle so as to conform to the applicable

warranties within 30 days, in violation of Civil Code section 1793 .2, subdivision (b). Plaintiff

did not extend the time for completion of repairs beyond the 30-day requirement.
28.

Plaintiff has been damaged by Manufacturer's failure to comply with its

obligations pursuant to Civil Code section 1793 .2(b), and therefore brings this Cause of Action

pursuant to Civil Code section 1794.
29.

Plaintiff has rightfully rejected and/or justifiably revoked acceptance of the

Vehicle, and has exercised a right to cancel the sale. By serving this Complaint, Plaintiff does so

again.

1794(b)(1 ), including the entire purchase price. In the alternative, Plaintiff seeks the remedies
Accordingly, Plaintiff seeks the remedies provided in California Civil Code section

-5COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 6
set forth in California Civil Code section 1794(b)(2), including the diminution in value of the

Vehicle resulting

from its defects. Plaintiff believes that, at the present time, the Vehicle's value is de minimis.
30.

Defendant's failure to comply with its obligations under Civil Code section

1793 .2(b) was willful, in that Defendant and its representative were aware that they were

obligated to service or repair the Vehicle to conform to the applicable express warranties within

30 days, yet they failed to do so. Accordingly, Plaintiff is entitled to a civil penalty of two times

Plaintiffs actual damages pursuant to Civil Code section l 794(c).

THIRD CAUSE OF ACTION
1O
BY PLAINTIFF AGAINST DEFENDANT TESLA ONLY

VIOLATION OF SUBDIVISION (a)(3) OF CIVIL CODE SECTION 1793.
31.
Plaintiff re-alleges and incorporates herein by reference each and every allegation

and statement contained in paragraphs 1 through 30, inclusive, of the General Allegations,

above.

32.
In violation of Civil Code section 1793.2, subdivision (a)(3), Defendant failed to

make available to its authorized service and repair facilities sufficient service literature an

replacement parts to effect repairs during the express warranty period.

damaged by Defendant's failure to comply with its obligations pursuant to Civil Code sectio

1793.2(a)(3), and therefore brings this Cause of Action pursuant to Civil Code section 1794.

33.
Plaintiff has bee
Defendant's failure to comply with its obligations under Civil Code sectio

1793.2, subdivision (a)(3) was wilful, in that Defendant knew of its obligation to provide

literature and replacement parts sufficient to allow its repair facilities to effect repairs during the

warranty period, yet Defendant failed to take any action to correct its failure to comply with th

law. Accordingly, Plaintiff is entitled to a civil penalty of two times Plaintiffs actual damages;

pursuant to Civil Code section 1794(c).

FOURTH CAUSE OF ACTION

BY PLAINTIFF AGAINST DEFENDANT TESLA ONLY
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COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 7
BREACH OF EXPRESS WRITTEN WARRANTY

CIVIL CODE SECTION 1791.2 SUBDIVISION (a); SECTION
34.

Plaintiff re-alleges and incorporates herein by reference each and every allegation

and statement contained in paragraphs 1 through 33, inclusive, of the General Allegations,

above.
35.

In accordance with Defendant's warranty, Plaintiff delivered the Vehicle to

Defendant's representative in this state to perform warranty repairs. Plaintiff did so within

reasonable time. Each time Plaintiff delivered the Vehicle, Plaintiff notified Defendant and its

representative of the characteristics of the defects. However, the representative failed to repai
1o the Vehicle, breaching the terms of the written warranty on each occasion.
36.

Plaintiff has been damaged by Defendant's failure to comply with its obligations

under the express warranty, and therefore brings this Cause of Action pursuant to Civil Code

section 1794.
37.

Defendant's failure to comply with its obligations under the express warranty was

willful, in that Defendant and its authorized representative were aware that they were obligated

to repair the Defects, but they intentionally refused to do so. Accordingly, Plaintiff is entitled to

a civil penalty of two times of Plaintiffs actual damages pursuant to Civil Code section 1794(c).

FIFTH CAUSE OF ACTION

BY PLAINTIFF AGAINST DEFENDANT TESLA ONLY

BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY

CIVIL CODE SECTION 1791.1; SECTION
38.

Plaintiff re-alleges and incorporates herein by reference each and every allegation

and statement contained in paragraphs 1 through 37, inclusive, of the General Allegations,

above.

39.
Pursuant to Civil Code section 1792, the sale of the Vehicle was accompanied by
Defendant's implied warranty of merchantability. Pursuant to Civil Code section 1791.1, the

-7COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 8
duration of the implied warranty is coextensive in duration with the duration of the express

written warranty provided by Defendant, except that the duration is not to exceed one-year.

40.
Pursuant to Civil Code section 1791.1 (a), the implied warranty of

merchantability means and includes that the Vehicle will comply with each of the following

requirements:

description; (2) The Vehicle is fit for the ordinary purposes for which such goods are used; (3)

The Vehicle is adequately contained, packaged, and labelled; (4) The Vehicle will conform to the

promises or affirmations of fact made on the container or label.

41.
(1) The Vehicle will pass without objection in the trade under the contract
On or about March 13, 2022, or within one-year thereafter, the Vehicle contained
1o or developed the defects set forth above. The existence of each of these defects constitutes a
breach of the implied warranty because the Vehicle (1) does not pass without objection in the

trade under the contract description, (2) is not fit for the ordinary purposes for which such goods

are used, (3) is not adequately contained, packaged, and labelled, and (4) does not conform to the

promises or affirmations of fact made on the container or label.

42.
Plaintiff has been damaged by Defendant's failure to comply with its obligations

under the implied warranty, and therefore brings this Cause of Action pursuant to Civil Code

section 1794.

PRAYER

PLAINTIFF PRAYS for judgment against Defendant as follows:

a.
For Plaintiffs actual damages in the amount according to proof at trial;

b.
For restitution;

C.
For a civil penalty in the amount of two times Plaintiffs actual damages
pursuant to Civil Code section 1794, subdivision (c) or (e);

d.
For any consequential and incidental damages;

e.
For costs of the suit and Plaintiffs reasonable attorneys' fees pursuant to

Civil Code section 1794, subdivision (d);
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COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
Page 9
f.
For prejudgment interest at the legal rate; and

g.
For such other relief as the Court may deem proper.
DEMAND FOR JURY TRIAL

Plaintiff hereby demands a jury trial on all causes of action asserted herein.

Dated: January 19,
KOLETSKY, MANCINI, FELDMAN & MORROW LLP

By:
Roy A. ~
Misoo Choi, Esq.
Attorney for Plaintiff,
JEONGHYUN JO

-9COMPLAINT FOR VIOLATIONS OF STATUTORY OBLIGATIONS
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