Page 1
PRESTIGE LEGAL SOLUTIONS, P.C.
Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
6420 Wilshire Blvd., Suite Los Angeles, CA Telephone: (310) 933-Fax: (310) 933-Electronic Service: eservice@plsfirm.com
Attorneys for Plaintiff,
YUE MING SITU
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
YUE MING SITU, an individual,
Plaintiff,
Hon.
Dept.:
Case No.:
vs.
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10,
inclusive,
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
JURY TRIAL DEMANDED
Defendants.
COMPLAINT; JURY TRIAL DEMANDEDPage 2 Plaintiff Yue Ming Situ (“Plaintiff”) alleges as follows:
PARTIES
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
1.
As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Yue Ming
2.
Plaintiff is, and at all times relevant herein was, a resident of Richmond,
Situ.
California.
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant Tesla
Motors, Inc.
4.
Defendant is, and at all times relevant herein was, a corporation
incorporated/organized under the laws of the State of Delaware and registered to conduct business
in California. At all times relevant herein, Defendant was engaged in the business of designing,
consumer goods, including but not limited to motor vehicles and motor vehicle components.
5.
Plaintiff is ignorant of the true names and capacities of the Defendants sued under
the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
and capacities.
6.
Plaintiff
hereby
revokes
acceptance
of
their
Tesla
Y,
5YJYGDEE8MF253035 (“Subject Vehicle”).
7.
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
FIRST CAUSE OF ACTION
BY PLAINTIFF AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.
8.
VIN
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
COMPLAINT; JURY TRIAL DEMANDEDPage 3 9.
Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
10.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
Plaintiff purchased and used Subject Vehicle primarily for personal, family, or
household purposes. Plaintiff purchased Subject Vehicle from a person or entity engaged in the
business of manufacturing, distributing, selling, or leasing consumer goods at retail.
11.
PRESTIGE LEGAL SOLUTIONS, P.C.
On or around August 12, 2021, Plaintiff purchased Subject Vehicle. Subject
When the Subject Vehicle was purchased, Plaintiff received express written
warranties in which Defendant undertook to preserve or maintain the utility or performance of
Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
specified period of time.
nonconformity developed within Subject Vehicle during the applicable warranty period,
Plaintiff could deliver Subject Vehicle for repair to Defendant's authorized service and repair
facilities and Subject Vehicle would be repaired.
12.
The warranty provided, in relevant part, that in the event a
During Plaintiff’s ownership of Subject Vehicle, the Subject Vehicle manifested
defects covered by Defendant’s express written warranties. These defects include but are not
limited to: engine, electrical, and structural system defects (Subject Vehicle’s “defects”). These
defects substantially impair the use, value, and/or safety of Subject Vehicle to Plaintiff.
13.
Plaintiff delivered Subject Vehicle to Defendant and/or its authorized service and
repair facilities for diagnosis and repair of the defects.
14.
Defendant and/or its authorized service and repair facilities failed to service or
repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
of opportunities to do so.
15.
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
restitution to Plaintiff as required by Civil Code section 1793.2(d).
All subsequent references to the Civil Code refer to the California Civil Code.
COMPLAINT; JURY TRIAL DEMANDEDPage 4 16.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
under Civil Code section 1793.2(d), and therefore brings this cause of action pursuant to Civil
Code section 1794.
17.
Defendant's failure to comply with its obligations under Civil Code section
1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
up to two times Plaintiff’s actual damages, pursuant to Civil Code section 1794(c).
SECOND CAUSE OF ACTION
BY PLAINTIFF AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
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
service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
intended to carry out the terms of Defendant’s express warranties.
20.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
21.
Although Plaintiff presented Subject Vehicle to Defendant's representatives in
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiff did not extend
the time for completion of repairs beyond the requisite thirty days.
22.
Plaintiff has been damaged by Defendant's and/or its representatives’ failure to
comply with Civil Code section 1793.2(b). Thus, Plaintiff brings this cause of action pursuant
to Civil Code section 1794.
23.
Plaintiff has rightfully rejected and/or justifiably revoked acceptance of Subject
Vehicle and has exercised their right to cancel the contract. By serving this Complaint, Plaintiff
does so again.
COMPLAINT; JURY TRIAL DEMANDEDPage 5
1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
and intentionally declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of
two times Plaintiff’s actual damages pursuant to Civil Code section 1794(c).
THIRD CAUSE OF ACTION
BY PLAINTIFF AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
Defendant's failure to comply with its obligations under Civil Code section
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
available to its authorized service and repair facilities sufficient service literature and/or
replacement parts to effect repairs during the express warranty period.
27.
Plaintiff has been damaged by Defendant's failure to comply with its obligations
pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action pursuant
to Civil Code section 1794.
28.
Defendant's failure to comply with its obligations under Civil Code section
1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
declined to follow them. Accordingly, Plaintiff is entitled to a civil penalty of two times
Plaintiff's actual damages, pursuant to Civil Code section 1794(c).
FOURTH CAUSE OF ACTION
BY PLAINTIFF AGAINST DEFENDANT
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
(CIV. CODE § 1791.1; § 1794)
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
COMPLAINT; JURY TRIAL DEMANDEDPage 6
section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
duration of the express written warranty provided by Defendant.
31.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
Due to the aforementioned defects, Subject Vehicle was not of the same quality
as those generally acceptable in the trade; did not pass without objection in the trade; was not
fit for the ordinary purposes for which such goods are used; was not adequately contained,
packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
or label.
32.
Plaintiff was harmed by the breach of the implied warranty of merchantability.
33.
Defendant's failure to comply with its obligations under the implied warranty
was a substantial factor in causing Plaintiff’s harm. Thus, Plaintiff brings this cause of action
pursuant to Civil Code section 1794.
PRAYER
Wherefore, Plaintiff prays for judgment against Defendant as follows:
a. For Plaintiff’s actual damages in an amount according to proof;
b. For restitution;
c. For a civil penalty in the amount of two times Plaintiff’s actual damages
pursuant to Civil Code section 1794(c);
d. For any consequential and incidental damages in an amount according to
proof;
e. For remedies authorized by California Commercial Code sections 2711,
2712, and/or 2713;
f. For costs and expenses of the suit, and for Plaintiff’s reasonable
attorneys’ fees, pursuant to Civil Code section 1794(d);
g. For prejudgment interest at the legal rate; and
h. For such other equitable or legal relief as the Court may deem proper.
///
///
///
COMPLAINT; JURY TRIAL DEMANDEDPage 7 DEMAND FOR JURY TRIAL
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
Dated: May 5,
PRESTIGE LEGAL SOLUTIONS, P.C.
BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiff,
YUE MING SITU
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
COMPLAINT; JURY TRIAL DEMANDED
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PlainSite Cover Page
PDF Page 2
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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,
YUE MING SITU
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF ALAMEDA
9
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
10
YUE MING SITU, an individual,
11
Plaintiff,
Hon.
Dept.:
12
13
14
15
Case No.:
vs.
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10,
inclusive,
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
JURY TRIAL DEMANDED
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Defendants.
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COMPLAINT; JURY TRIAL DEMANDED
PDF Page 3
Plaintiff Yue Ming Situ (“Plaintiff”) alleges as follows:
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PARTIES
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5
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6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
9
1.
As used in this Complaint, the word "Plaintiff” shall refer to Plaintiff Yue Ming
2.
Plaintiff is, and at all times relevant herein was, a resident of Richmond,
Situ.
California.
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant Tesla
Motors, Inc.
4.
Defendant is, and at all times relevant herein was, a corporation
10
incorporated/organized under the laws of the State of Delaware and registered to conduct business
11
in California. At all times relevant herein, Defendant was engaged in the business of designing,
12
manufacturing, assembling, producing, constructing, marketing, distributing, and/or selling
13
consumer goods, including but not limited to motor vehicles and motor vehicle components.
14
5.
Plaintiff is ignorant of the true names and capacities of the Defendants sued under
15
the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of Civil
16
Procedure section 474. When Plaintiff becomes aware of the true names and capacities of the
17
Defendants sued as DOES 1 to 10, Plaintiff will amend this Complaint to state their true names
18
and capacities.
19
20
21
6.
Plaintiff
hereby
revokes
acceptance
of
their
2021
Tesla
Y,
5YJYGDEE8MF253035 (“Subject Vehicle”).
7.
Plaintiff hereby demands a jury trial on all causes of action asserted herein.
22
FIRST CAUSE OF ACTION
23
BY PLAINTIFF AGAINST DEFENDANT
24
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
25
8.
26
VIN
Plaintiff incorporates by reference the allegations contained in the paragraphs set
forth above.
27
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 August 12, 2021, 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: engine, electrical, and structural 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
24
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
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
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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
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BY PLAINTIFF AGAINST DEFENDANT
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VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
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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
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27
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COMPLAINT; JURY TRIAL DEMANDED
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DEMAND FOR JURY TRIAL
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Plaintiff hereby demands a jury trial on all causes of action asserted herein.
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Dated: May 5, 2023
PRESTIGE LEGAL SOLUTIONS, P.C.
BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiff,
YUE MING SITU
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6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
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COMPLAINT; JURY TRIAL DEMANDED