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PRESTIGE LEGAL SOLUTIONS, P.C.
Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
6420 Wilshire Blvd., Suite 200
Los Angeles, CA 90048
Telephone: (310) 933-6626
Fax: (310) 933-5821
Electronic Service: eservice@plsfirm.com
Attorneys for Plaintiff,
BHAVIK HITESH PATEL
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF ALAMEDA
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
9
BHAVIK HITESH PATEL, an individual,
Plaintiff,
11
12
13
14
Hon.
Dept.:
vs.
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10, inclusive,
JURY TRIAL DEMANDED
15
16
Case No.:
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT; JURY TRIAL DEMANDEDPage 2 Plaintiff Bhavik Hitesh Patel (“Plaintiff”) alleges as follows:
1
PARTIES
2
1.
3
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
4
As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Bhavik
Hitesh Patel.
5
2.
Plaintiff is, and at all times relevant herein was, a resident of Milpitas, California.
6
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant TESLA
7
MOTORS, INC.
8
4.
Defendant is, and at all times relevant herein was, a corporation incorporated under
9
the laws of the State of Delaware and registered to conduct business in California. At all times
10
relevant herein, Defendant was engaged in the business of designing, manufacturing,
11
assembling, producing, constructing, marketing, distributing, and/or selling consumer goods,
12
including but not limited to motor vehicles and motor vehicle components.
5.
13
Plaintiff is ignorant of the true names and capacities of the Defendants sued under
14
the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
15
Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
16
Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
17
and capacities.
6.
18
19
Plaintiff
hereby
revokes
acceptance
of
their
2022
Tesla
Y,
VIN
7SAYGDEF2NF440655 (“Subject Vehicle”).
7.
20
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
21
FIRST CAUSE OF ACTION
22
BY PLAINTIFF AGAINST DEFENDANT
23
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
24
8.
25
forth above.
26
///
27
///
Plaintiff incorporates by reference the allegations contained in the paragraphs set
28
1
COMPLAINT; JURY TRIAL DEMANDEDPage 3 9.
1
2
Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
3
1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
10.
4
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Plaintiff purchased and used Subject Vehicle primarily for personal, family, or
5
household purposes. Plaintiff purchased Subject Vehicle from a person or entity engaged in the
6
business of manufacturing, distributing, selling, or leasing consumer goods at retail.
11.
7
PRESTIGE LEGAL SOLUTIONS, P.C.
On or around May 10, 2022, Plaintiff purchased Subject Vehicle. Subject
When the Subject Vehicle was purchased, Plaintiff received express written
8
warranties in which Defendant undertook to preserve or maintain the utility or performance of
9
Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
10
specified period of time.
11
nonconformity developed within Subject Vehicle during the applicable warranty period,
12
Plaintiff could deliver Subject Vehicle for repair to Defendant's authorized service and repair
13
facilities and Subject Vehicle would be repaired.
12.
14
The warranty provided, in relevant part, that in the event a
During Plaintiff’s ownership of Subject Vehicle, the Subject Vehicle manifested
15
defects covered by Defendant’s express written warranties. These defects include but are not
16
limited to: electrical, structural, and HVAC system defects (Subject Vehicle’s “defects”). These
17
defects substantially impair the use, value, and/or safety of Subject Vehicle to Plaintiff.
13.
18
19
Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and
repair facilities for diagnosis and repair of the defects.
14.
20
Defendant and/or its authorized service and repair facilities failed to service or
21
repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
22
of opportunities to do so.
15.
23
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
24
restitution to Plaintiff as required by Civil Code section 1793.2(d).
25
///
26
///
27
28
1
All subsequent references to the Civil Code refer to the California Civil Code.
2
COMPLAINT; JURY TRIAL DEMANDEDPage 4 16.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
2
under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil
3
Code section 1794.
4
17.
Defendant's failure to comply with its obligations under Civil Code section
5
1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
6
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
7
up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c).
8
SECOND CAUSE OF ACTION
9
BY PLAINTIFF AGAINST DEFENDANT
10
VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
1
12
13
18.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
19.
Defendant maintains service and repair facilities and/or designates independent
14
service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
15
intended to carry out the terms of Defendant’s express warranties.
16
20.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
17
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
18
repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
19
21.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
20
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
21
repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend
22
the time for completion of repairs beyond the requisite thirty days.
23
22.
Plaintiff has been damaged by Defendant's and/or its representatives’ failure to
24
comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant
25
to Civil Code section 1794.
26
23.
Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject
27
Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff
28
does so again.
3
COMPLAINT; JURY TRIAL DEMANDEDPage 5 1
1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
3
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
4
two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c).
5
THIRD CAUSE OF ACTION
6
BY PLAINTIFF AGAINST DEFENDANT
7
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
9
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Defendant's failure to comply with its obligations under Civil Code section
2
8
PRESTIGE LEGAL SOLUTIONS, P.C.
24.
25.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
26.
In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
11
available to its authorized service and repair facilities sufficient service literature and/or
12
replacement parts to effect repairs during the express warranty period.
13
27.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
14
pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant
15
to Civil Code section 1794.
16
28.
Defendant's failure to comply with its obligations under Civil Code section
17
1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
18
declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times
19
Plaintiff's actual damages, pursuant to Civil Code section 1794(c).
20
FOURTH CAUSE OF ACTION
21
BY PLAINTIFF AGAINST DEFENDANT
22
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
23
(CIV. CODE § 1791.1; § 1794)
24
25
26
27
29.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
30.
Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
28
4
COMPLAINT; JURY TRIAL DEMANDEDPage 6 1
section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
2
duration of the express written warranty provided by Defendant.
31.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
3
Due to the aforementioned defects, Subject Vehicle was not of the same quality
4
as those generally acceptable in the trade; did not pass without objection in the trade; was not
5
fit for the ordinary purposes for which such goods are used; was not adequately contained,
6
packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
7
or label.
8
32.
Plaintiff was harmed by the breach of the implied warranty of merchantability.
9
33.
Defendant's failure to comply with its obligations under the implied warranty
10
was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action
11
pursuant to Civil Code section 1794.
PRAYER
12
Wherefore, Plaintiff prays for judgment against Defendant as follows:
13
14
a. For Plaintiff’s actual damages in an amount according to proof;
15
b. For restitution;
16
c. For a civil penalty in the amount of two times Plaintiff’s actual damages
pursuant to Civil Code section 1794(c);
17
d. For any consequential and incidental damages in an amount according to
18
proof;
19
e. For remedies authorized by California Commercial Code sections 2711,
20
2712, and/or 2713;
21
f. For costs and expenses of the suit, and for Plaintiff’s reasonable
22
attorneys’ fees, pursuant to Civil Code section 1794(d);
23
24
g. For prejudgment interest at the legal rate; and
25
h. For such other equitable or legal relief as the Court may deem proper.
26
///
27
///
28
///
5
COMPLAINT; JURY TRIAL DEMANDEDPage 7 DEMAND FOR JURY TRIAL
1
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Plaintiff hereby demands a jury trial on all causes of action asserted herein.
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Dated: April 12, 2023
PRESTIGE LEGAL SOLUTIONS, P.C.
BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiff,
BHAVIK HITESH PATEL
9
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
10
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COMPLAINT; JURY TRIAL DEMANDED
PDF Page 1
PlainSite Cover Page
PDF Page 2
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2
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5
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PRESTIGE LEGAL SOLUTIONS, P.C.
Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
6420 Wilshire Blvd., Suite 200
Los Angeles, CA 90048
Telephone: (310) 933-6626
Fax: (310) 933-5821
Electronic Service: eservice@plsfirm.com
Attorneys for Plaintiff,
BHAVIK HITESH PATEL
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF ALAMEDA
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
9
BHAVIK HITESH PATEL, an individual,
Plaintiff,
11
12
13
14
Hon.
Dept.:
vs.
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10, inclusive,
JURY TRIAL DEMANDED
15
16
Case No.:
Defendants.
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 3
Plaintiff Bhavik Hitesh Patel (“Plaintiff”) alleges as follows:
1
PARTIES
2
1.
3
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
4
As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Bhavik
Hitesh Patel.
5
2.
Plaintiff is, and at all times relevant herein was, a resident of Milpitas, California.
6
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant TESLA
7
MOTORS, INC.
8
4.
Defendant is, and at all times relevant herein was, a corporation incorporated under
9
the laws of the State of Delaware and registered to conduct business in California. At all times
10
relevant herein, Defendant was engaged in the business of designing, manufacturing,
11
assembling, producing, constructing, marketing, distributing, and/or selling consumer goods,
12
including but not limited to motor vehicles and motor vehicle components.
5.
13
Plaintiff is ignorant of the true names and capacities of the Defendants sued under
14
the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
15
Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
16
Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
17
and capacities.
6.
18
19
Plaintiff
hereby
revokes
acceptance
of
their
2022
Tesla
Y,
VIN
7SAYGDEF2NF440655 (“Subject Vehicle”).
7.
20
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
21
FIRST CAUSE OF ACTION
22
BY PLAINTIFF AGAINST DEFENDANT
23
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
24
8.
25
forth above.
26
///
27
///
Plaintiff incorporates by reference the allegations contained in the paragraphs set
28
1
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 4
9.
1
2
Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
3
1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
10.
4
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Plaintiff purchased and used Subject Vehicle primarily for personal, family, or
5
household purposes. Plaintiff purchased Subject Vehicle from a person or entity engaged in the
6
business of manufacturing, distributing, selling, or leasing consumer goods at retail.
11.
7
PRESTIGE LEGAL SOLUTIONS, P.C.
On or around May 10, 2022, Plaintiff purchased Subject Vehicle. Subject
When the Subject Vehicle was purchased, Plaintiff received express written
8
warranties in which Defendant undertook to preserve or maintain the utility or performance of
9
Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
10
specified period of time.
11
nonconformity developed within Subject Vehicle during the applicable warranty period,
12
Plaintiff could deliver Subject Vehicle for repair to Defendant's authorized service and repair
13
facilities and Subject Vehicle would be repaired.
12.
14
The warranty provided, in relevant part, that in the event a
During Plaintiff’s ownership of Subject Vehicle, the Subject Vehicle manifested
15
defects covered by Defendant’s express written warranties. These defects include but are not
16
limited to: electrical, structural, and HVAC system defects (Subject Vehicle’s “defects”). These
17
defects substantially impair the use, value, and/or safety of Subject Vehicle to Plaintiff.
13.
18
19
Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and
repair facilities for diagnosis and repair of the defects.
14.
20
Defendant and/or its authorized service and repair facilities failed to service or
21
repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
22
of opportunities to do so.
15.
23
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
24
restitution to Plaintiff as required by Civil Code section 1793.2(d).
25
///
26
///
27
28
1
All subsequent references to the Civil Code refer to the California Civil Code.
2
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 5
16.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
2
under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil
3
Code section 1794.
4
17.
Defendant's failure to comply with its obligations under Civil Code section
5
1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
6
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
7
up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c).
8
SECOND CAUSE OF ACTION
9
BY PLAINTIFF AGAINST DEFENDANT
10
VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
1
12
13
18.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
19.
Defendant maintains service and repair facilities and/or designates independent
14
service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
15
intended to carry out the terms of Defendant’s express warranties.
16
20.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
17
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
18
repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
19
21.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
20
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
21
repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend
22
the time for completion of repairs beyond the requisite thirty days.
23
22.
Plaintiff has been damaged by Defendant's and/or its representatives’ failure to
24
comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant
25
to Civil Code section 1794.
26
23.
Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject
27
Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff
28
does so again.
3
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 6
1
1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
3
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
4
two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c).
5
THIRD CAUSE OF ACTION
6
BY PLAINTIFF AGAINST DEFENDANT
7
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
9
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Defendant's failure to comply with its obligations under Civil Code section
2
8
PRESTIGE LEGAL SOLUTIONS, P.C.
24.
25.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
26.
In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
11
available to its authorized service and repair facilities sufficient service literature and/or
12
replacement parts to effect repairs during the express warranty period.
13
27.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
14
pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant
15
to Civil Code section 1794.
16
28.
Defendant's failure to comply with its obligations under Civil Code section
17
1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
18
declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times
19
Plaintiff's actual damages, pursuant to Civil Code section 1794(c).
20
FOURTH CAUSE OF ACTION
21
BY PLAINTIFF AGAINST DEFENDANT
22
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
23
(CIV. CODE § 1791.1; § 1794)
24
25
26
27
29.
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
30.
Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
28
4
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 7
1
section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
2
duration of the express written warranty provided by Defendant.
31.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
3
Due to the aforementioned defects, Subject Vehicle was not of the same quality
4
as those generally acceptable in the trade; did not pass without objection in the trade; was not
5
fit for the ordinary purposes for which such goods are used; was not adequately contained,
6
packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
7
or label.
8
32.
Plaintiff was harmed by the breach of the implied warranty of merchantability.
9
33.
Defendant's failure to comply with its obligations under the implied warranty
10
was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action
11
pursuant to Civil Code section 1794.
PRAYER
12
Wherefore, Plaintiff prays for judgment against Defendant as follows:
13
14
a. For Plaintiff’s actual damages in an amount according to proof;
15
b. For restitution;
16
c. For a civil penalty in the amount of two times Plaintiff’s actual damages
pursuant to Civil Code section 1794(c);
17
d. For any consequential and incidental damages in an amount according to
18
proof;
19
e. For remedies authorized by California Commercial Code sections 2711,
20
2712, and/or 2713;
21
f. For costs and expenses of the suit, and for Plaintiff’s reasonable
22
attorneys’ fees, pursuant to Civil Code section 1794(d);
23
24
g. For prejudgment interest at the legal rate; and
25
h. For such other equitable or legal relief as the Court may deem proper.
26
///
27
///
28
///
5
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 8
DEMAND FOR JURY TRIAL
1
2
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
3
4
5
6
7
8
Dated: April 12, 2023
PRESTIGE LEGAL SOLUTIONS, P.C.
BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiff,
BHAVIK HITESH PATEL
9
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
10
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COMPLAINT; JURY TRIAL DEMANDED
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