LYNCH v. TESLA MOTORS, INC. Document 1: Document

Superior Court of California, County of Alameda
Case No. 23CV033302
Filed May 15, 2023

Complaint Filed by: Benjamin Lynch (Plaintiff) As to: Tesla Motors, Inc. (Defendant)

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Brian K. Cline, State Bar No. brian@clineapc.com
CLINE, APC
7855 Ivanhoe Avenue, Suite La Jolla, California 858.373.
Attorneys for Plaintiff

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA

OAKLAND - RENÉ C. DAVIDSON COURTHOUSE

BENJAMIN LYNCH,
)
)
Plaintiff,
)
)
vs.
)
)
TESLA MOTORS, INC., and DOE )
through DOE 10 inclusive,
)
)
Defendants,
)
)
)
)
______________________________________ )
Case No.
COMPLAINT FOR VIOLATION OF
THE SONG-BEVERLY CONSUMER
WARRANTY ACT

Plaintiff alleges:
1.
Plaintiff BENJAMIN LYNCH (hereinafter “Plaintiff”) is, and at all times
mentioned herein was, a competent adult.
2.
Plaintiff is informed and believes and thereupon alleges that defendant
TESLA MOTORS, INC., is a corporation.
3.
Defendants DOE 1 through DOE 10 inclusive are sued herein pursuant

to California Code of Civil Procedure §474.
DOE 1 through DOE 10 are each

independently, or as a representative of another defendant in this suit, responsible in

some manner for the causes of action set forth herein and the damages sustained by

Plaintiff.
COMPLAINT FOR VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT
Page 2
4.
Plaintiff
purchased,
the
subject

Tesla
Model
Y,
VIN:

7SAYGDEE3NF534597 (“the subject vehicle”) from Defendant’s authorized sales

facility, at retail, in the state of California. The subject vehicle is a new motor vehicle

that was bought primarily for personal, family, or household purposes or it is a new

motor vehicle with a gross vehicle weight under 10,000 pounds that was bought or used

primarily for business purposes by an entity to which not more than five motor vehicles

are registered in this state. The subject vehicle is a “new motor vehicle” under the

Song-Beverly Consumer Warranty Act, Civil Code §§1790 et seq (“the Act”).

5.
Defendant is engaged in the business of distributing or selling new motor

vehicles and/or consumer goods at retail. Defendant is a “distributor” under the Act.

Plaintiff is a “buyer” under the Act.

6.
Defendant manufactures, assembles, or produces new motor vehicles
and/or consumer goods. Defendant is a “manufacturer” under the Act.
7.
Defendant issued an “express warranty” to Plaintiff in which, inter alia,

Defendant undertook to preserve or maintain the utility or performance of the subject

vehicle. Said warranty was an integral factor in Plaintiff’s decision to purchase the

subject vehicle.

8.
The subject vehicle has suffered from nonconformity(s) to warranty,

including, but not limited to, defect(s) which have manifested in fit and finish concerns,

misalignment of body paneling, failure of the door seal(s), misalignment of the subject

vehicle door(s), wind intrusion and/or abnormal wind noise, misalignment of the

subject vehicle window(s) and/or window(s ) system, and interior upholstery failure.

Said nonconformity(s) have substantially impaired the vehicle’s use, value, or safety

to Plaintiff.

9.
Plaintiff has delivered the vehicle to Defendant or its authorized repair

facility(s) for repair of said nonconformity(s). Defendant or its authorized repair

facility(s) have failed to service or repair the subject vehicle to warranty after a

reasonable number of attempts.
COMPLAINT FOR VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT
Page 3
10.
The subject vehicle was not fit for the ordinary purposes for which such

goods are used and was not of the same quality as those generally acceptable in the

trade. Defendant breached the implied warranty of merchantability and implied

warranty of fitness. Plaintiff is entitled to revoke acceptance of the subject vehicle

under the Act.

11.
Although Plaintiff presented the vehicle to Defendant or its authorized

repair facility(s) for repair of said nonconformity(s). Defendant or its authorized repair

facility(s) failed to commence the service or repairs within a reasonable time an failed

to service or repair the vehicle so as to conform to the applicable warranties within
days, in violation of Civil Code section 1793.2, subdivision (b). Plaintiff did not extend

the time for completion of repair(s) beyond the 30-day requirement.

12.
Defendant has not replaced the vehicle or otherwise made restitution to
Plaintiff pursuant to its obligations under the Act.
13.
Plaintiff is informed and believes and thereupon alleges that Defendant’s

refusal to replace the vehicle or make restitution to Plaintiff was wilful and not the

result of a good faith and reasonable belief that the facts imposing said statutory

obligation were absent.

14.
Pursuant to the Act, Plaintiff is entitled to restitution in an amount equal

to the actual price paid or payable by Plaintiff and collateral charges such as sales tax,

license fees, registration fees, and other official fees less an amount directly

attributable to use by Plaintiff prior to the time Plaintiff first delivered the vehicle for

repair.

15.
Plaintiff is entitled to recover incidental, consequential, and general

damages, including, but not limited to, reasonable repair, towing, and rental car costs

actually incurred by Plaintiff.

16.
Plaintiff is entitled to recover a civil penalty up to two times the amount

of actual damages for Defendant’s wilful refusal to comply with its statutory

obligations under the Act.
COMPLAINT FOR VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT
Page 4
17.
Plaintiff is entitled to recover a sum equal to the aggregate amount of

costs and expenses including attorney’s fees based on actual time expended and

reasonably incurred in connection with the commencement and prosecution of this

action.

WHEREFORE, Plaintiff prays judgment against Defendant as follows:

1.
For actual damages, including collateral charges, and incidental,
consequential, and general damages; and

2.
For a civil penalty up to two times the amount of actual damages; and

3.
For rescission of the contract and restitution of consideration; and

4.
For interest on said sum from date of rescission to date of judgment
herein; and

5.
For attorney’s fees based on actual time expended and reasonably

incurred in connection with the commencement and prosecution of this

action; and

6.
prosecution of this action; and

For costs of suit incurred in connection with the commencement and
7.
For such other and further relief as the court deems proper.
DATED: May 15,
CLINE, APC
Attorneys for Plaintiff

By:
_________________________
Brian K. Cline
COMPLAINT FOR VIOLATION OF THE SONG-BEVERLY CONSUMER WARRANTY ACT
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