Page 1
CALIFORNIA CONSUMER ATTORNEYS, P.C.
Michael H. Rosenstein (SBN 169091)
mhr@calattorneys.com
Sepehr Daghighian (SBN 239349)
sd@calattorneys.com
Michael William Oppenheim (SBN 331956)
mwo@calattorneys.com
10866 Wilshire Blvd, Suite Los Angeles, CA Telephone: (310) 872-Facsimile: (310) 730-Attorneys for Plaintiff,
TAEKWANG LEE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ALAMEDA
Case No.: ____________________
Unlimited Jurisdiction
TAEKWANG LEE, an individual,
Plaintiff,
COMPLAINT
vs.
1. VIOLATION OF SONG-BEVERLY
ACT - BREACH OF EXPRESS
WARRANTY
2. VIOLATION OF SONG-BEVERLY
ACT - BREACH OF IMPLIED
WARRANTY
3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2(b)
TESLA, INC., a Delaware Corporation, and
DOES 1 through 10, inclusive,
Defendants.
-1-
COMPLAINTPage 2
Plaintiff, TAEKWANG LEE, an individual, alleges as follows against Defendants TESLA,
INC., a Delaware Corporation (“Tesla, Inc. “), and DOES 1 through 10 inclusive, on information
and belief, formed after a reasonable inquiry under the circumstances:
DEMAND FOR JURY TRIAL
1.
GENERAL ALLEGATIONS
2.
3.
Defendant Tesla, Inc. is and was a Delaware Corporation operating and doing
business in the State of California.
Plaintiff, Taekwang Lee, is an individual residing in the City of Pleasanton, State of
California.
Plaintiff, Taekwang Lee, hereby demands trial by jury in this action.
4.
These causes of action arise out of the warranty obligations of Tesla, Inc. in
connection with a vehicle purchased by Plaintiff and for which Tesla, Inc. issued a written warranty.
5.
Plaintiff does not know the true names and capacities, whether corporate, partnership,
associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under
the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through
10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth
herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this Complaint to set
forth the true names and capacities of the fictitiously named Defendant, together with appropriate
charging allegations, when ascertained.
6.
All acts of corporate employees as alleged were authorized or ratified by an officer,
director, or managing agent of the corporate employer.
7.
Each Defendant, whether actually or fictitiously named herein, was the principal,
agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal or
within the course and scope of such employment or agency, took some part in the acts and omissions
hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief prayed for
herein.
8.
On December 26, 2022, Plaintiff purchased a new 2023 Tesla Model Y, having VIN
No. 7SAYGDEE5PF634610 (“the Subject Vehicle”). Express warranties accompanied the sale of
-2COMPLAINTPage 3
the Subject Vehicle to Plaintiff by which Tesla, Inc. undertook to preserve or maintain the utility or
performance of Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or
performance.
9.
The Subject Vehicle was delivered to Plaintiff with serious defects and
nonconformities to warranty and developed other serious defects and nonconformities to warranty
including, but not limited to, the interior component defects, exterior and body component defects,
braking system defects, and other serious nonconformities to warranty.
10.
Plaintiff hereby revokes acceptance of the sales contract.
11.
Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
12.
Plaintiff is a “buyer” of consumer goods under the Act.
13.
Defendant Tesla, Inc. is a “manufacturer” and/or “distributor” under the Act.
14.
To the extent that one or more class action lawsuits have been filed or are filed with
respect to the nonconformities affecting Plaintiff’s vehicle, without conceding the necessity of
supplying such notice, Plaintiff hereby provides notice to Defendant and/or Defendant’s agents of
Plaintiff’s intent to opt-out and be excluded from the settlement class of said class action lawsuit(s).
15.
Plaintiff hereby demands trial by jury in this action.
FIRST CAUSE OF ACTION
Violation of the Song-Beverly Act – Breach of Express Warranty
16.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
17.
Express warranties accompanied the sale of the vehicle to Plaintiff by which Tesla,
Inc. undertook to preserve or maintain the utility or performance of Plaintiff’s vehicle or to provide
compensation if there was a failure in such utility or performance.
///
///
///
-3COMPLAINTPage 4
18.
The Subject Vehicle was delivered to Plaintiff with serious defects and
nonconformities to warranty and developed other serious defects and nonconformities to warranty
including, but not limited to, interior component defects, exterior and body component defects,
braking system defects, and other serious nonconformities to warranty.
19.
Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
20.
Plaintiff is the “buyer” of consumer goods under the Act.
21.
Defendant Tesla, Inc. is a “manufacturer” and/or “distributor” under the Act.
22.
The foregoing defects and nonconformities to warranty manifested themselves in the
Subject Vehicle within the applicable express warranty period. The nonconformities substantially
impair the use, value and/or safety of the vehicle.
23.
the nonconformities.
Plaintiff delivered the vehicle to an authorized Tesla, Inc. repair facility for repair of
24.
Defendant was unable to conform Plaintiff’s vehicle to the applicable express after a
reasonable number of repair attempts.
25.
Notwithstanding Plaintiff’s entitlement, Defendant Tesla, Inc. has failed to either
promptly replace the new motor vehicle or to promptly make restitution in accordance with the Song-
Beverly Act.
26.
By failure of Defendant to remedy the defects as alleged above, or to issue a refund
or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
27.
Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
nonconformities.
28.
Plaintiff is entitled to all incidental, consequential, and general damages resulting
from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
///
///
-4COMPLAINTPage 5
29.
Plaintiff is entitled under the Song-Beverly 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.
30.
Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled in
addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
for Tesla, Inc. ‘s willful failure to comply with its responsibilities under the Act.
SECOND CAUSE OF ACTION
Violation of the Song-Beverly Act – Breach of Implied Warranty
31.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
32.
Tesla, Inc. and its authorized dealership at which Plaintiff purchased the Subject
Vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the Subject
Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties provided for under
the law.
33.
Among other warranties, the sale of the Subject Vehicle was accompanied by an
implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792.
34.
The Subject Vehicle was not fit for the ordinary purpose for which such goods are
used because it was equipped with one or more defective vehicle systems/components.
35.
The Subject Vehicle did not measure up to the promises or facts stated on the
container or label because it was equipped with one or more defective vehicle systems/components.
36.
The Subject Vehicle was not of the same quality as those generally acceptable in the
trade because it was sold with one or more defective vehicle systems/components which manifest as
interior component defects, exterior and body component defects, braking system defects, and other
serious nonconformities to warranty.
37.
Upon information and belief, the defective vehicle systems and components were
present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
applicable laws.
-5COMPLAINTPage 6
38.
Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
Code, section 1794, et seq;
39.
Plaintiff hereby revokes acceptance of the Subject Vehicle.
40.
Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
1794, et seq.
41.
et seq. and Commercial Code, section 2711.
Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
42.
Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
THIRD CAUSE OF ACTION
Violation of the Song-Beverly Act Section 1793.2(b)
43.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
44.
Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
consumer goods in California, for which it has made an express warranty, shall maintain service and
repair facilities or designate and authorize independent service and repair facilities to carry out the
terms of those warranties.
45.
Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
goods is necessary because they do not conform with the applicable express warranties, service and
repair shall be commenced within a reasonable time by the manufacturer or its representative.
46.
Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
time.
47.
The sale of the Subject Vehicle was accompanied by express warranties, including a
warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective
parts, including the electrical system.
48.
Plaintiff delivered the Subject Vehicle to Tesla, Inc. ‘s authorized service
representatives on multiple occasions. The Subject Vehicle was delivered for repairs of defects,
-6COMPLAINTPage 7
which amount to a nonconformities to the express warranties that accompanied the sale of the
Subject Vehicle.
49.
Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
within 30-days and/or commence repairs within a reasonable time and Tesla, Inc. has failed to tender
the Subject Vehicle back to Plaintiff in conformance with its warranties within the timeframes set
forth in Civil Code section 1793.2(b).
50.
Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
Code, section 1794, et seq;
51.
Plaintiff hereby revokes acceptance of the Subject Vehicle.
52.
Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
1794, et seq.
53.
Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
et seq. and Commercial Code, section 2711.
54.
Plaintiff is entitled to recover any “cover” damages under Commercial Code sections
2711, 2712, and Civil Code, section 1794, et seq.
55.
Plaintiff is entitled to recover all incidental and consequential damages pursuant to
1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
56.
Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
times the amount of actual damages in that Tesla, Inc. has willfully failed to comply with its
responsibilities under the Act.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendants, as follows:
1.
For general, special and actual damages according to proof at trial;
2.
For rescission of the purchase contract and restitution of all monies expended;
3.
For diminution in value;
4.
For incidental and consequential damages according to proof at trial;
5.
For civil penalty in the amount of two times Plaintiff’s actual damages;
6.
For prejudgment interest at the legal rate;
-7COMPLAINTPage 8
7.
For reasonable attorney’s fees and costs and expenses of suit; and
8.
For such other and further relief as the Court deems just and proper under the
circumstances.
Dated: June 8,
CALIFORNIA CONSUMER ATTORNEYS, P.C.
___________________________
Michael H. Rosenstein, Esq.
Sepehr Daghighian, Esq.
Michael William Oppenheim, Esq.
Attorneys for Plaintiff,
TAEKWANG LEE
Plaintiff, TAEKWANG LEE, hereby demands trial by jury in this action.
-8COMPLAINT
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CALIFORNIA CONSUMER ATTORNEYS, P.C.
Michael H. Rosenstein (SBN 169091)
mhr@calattorneys.com
Sepehr Daghighian (SBN 239349)
sd@calattorneys.com
Michael William Oppenheim (SBN 331956)
mwo@calattorneys.com
10866 Wilshire Blvd, Suite 1200
Los Angeles, CA 90024
Telephone: (310) 872-2600
Facsimile: (310) 730-7377
Attorneys for Plaintiff,
TAEKWANG LEE
9
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF ALAMEDA
11
12
Case No.: ____________________
Unlimited Jurisdiction
TAEKWANG LEE, an individual,
13
Plaintiff,
14
15
16
COMPLAINT
vs.
1. VIOLATION OF SONG-BEVERLY
ACT - BREACH OF EXPRESS
WARRANTY
2. VIOLATION OF SONG-BEVERLY
ACT - BREACH OF IMPLIED
WARRANTY
3. VIOLATION OF THE SONGBEVERLY ACT SECTION 1793.2(b)
TESLA, INC., a Delaware Corporation, and
DOES 1 through 10, inclusive,
17
18
Defendants.
19
20
21
22
23
24
25
26
27
28
-1-
COMPLAINT
PDF Page 3
1
Plaintiff, TAEKWANG LEE, an individual, alleges as follows against Defendants TESLA,
2
INC., a Delaware Corporation (“Tesla, Inc. “), and DOES 1 through 10 inclusive, on information
3
and belief, formed after a reasonable inquiry under the circumstances:
4
DEMAND FOR JURY TRIAL
5
1.
6
GENERAL ALLEGATIONS
7
8
2.
3.
Defendant Tesla, Inc. is and was a Delaware Corporation operating and doing
business in the State of California.
11
12
Plaintiff, Taekwang Lee, is an individual residing in the City of Pleasanton, State of
California.
9
10
Plaintiff, Taekwang Lee, hereby demands trial by jury in this action.
4.
These causes of action arise out of the warranty obligations of Tesla, Inc. in
connection with a vehicle purchased by Plaintiff and for which Tesla, Inc. issued a written warranty.
13
5.
Plaintiff does not know the true names and capacities, whether corporate, partnership,
14
associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under
15
the provisions of section 474 of the California Code of Civil Procedure. Defendant Does 1 through
16
10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth
17
herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this Complaint to set
18
forth the true names and capacities of the fictitiously named Defendant, together with appropriate
19
charging allegations, when ascertained.
20
21
6.
All acts of corporate employees as alleged were authorized or ratified by an officer,
director, or managing agent of the corporate employer.
22
7.
Each Defendant, whether actually or fictitiously named herein, was the principal,
23
agent (actual or ostensible), or employee of each other Defendant, and in acting as such principal or
24
within the course and scope of such employment or agency, took some part in the acts and omissions
25
hereinafter set forth by reason of which each Defendant is liable to Plaintiff for the relief prayed for
26
herein.
27
28
8.
On December 26, 2022, Plaintiff purchased a new 2023 Tesla Model Y, having VIN
No. 7SAYGDEE5PF634610 (“the Subject Vehicle”). Express warranties accompanied the sale of
-2COMPLAINT
PDF Page 4
1
the Subject Vehicle to Plaintiff by which Tesla, Inc. undertook to preserve or maintain the utility or
2
performance of Plaintiff’s vehicle or to provide compensation if there was a failure in such utility or
3
performance.
4
9.
The Subject Vehicle was delivered to Plaintiff with serious defects and
5
nonconformities to warranty and developed other serious defects and nonconformities to warranty
6
including, but not limited to, the interior component defects, exterior and body component defects,
7
braking system defects, and other serious nonconformities to warranty.
8
10.
Plaintiff hereby revokes acceptance of the sales contract.
9
11.
Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
10
Code sections 1790 et seq. the Subject Vehicle constitutes “consumer goods” used primarily for
11
family or household purposes, and Plaintiff has used the vehicle primarily for those purposes.
12
12.
Plaintiff is a “buyer” of consumer goods under the Act.
13
13.
Defendant Tesla, Inc. is a “manufacturer” and/or “distributor” under the Act.
14
14.
To the extent that one or more class action lawsuits have been filed or are filed with
15
respect to the nonconformities affecting Plaintiff’s vehicle, without conceding the necessity of
16
supplying such notice, Plaintiff hereby provides notice to Defendant and/or Defendant’s agents of
17
Plaintiff’s intent to opt-out and be excluded from the settlement class of said class action lawsuit(s).
18
15.
Plaintiff hereby demands trial by jury in this action.
19
FIRST CAUSE OF ACTION
20
Violation of the Song-Beverly Act – Breach of Express Warranty
21
22
16.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
23
17.
Express warranties accompanied the sale of the vehicle to Plaintiff by which Tesla,
24
Inc. undertook to preserve or maintain the utility or performance of Plaintiff’s vehicle or to provide
25
compensation if there was a failure in such utility or performance.
26
///
27
///
28
///
-3COMPLAINT
PDF Page 5
1
18.
The Subject Vehicle was delivered to Plaintiff with serious defects and
2
nonconformities to warranty and developed other serious defects and nonconformities to warranty
3
including, but not limited to, interior component defects, exterior and body component defects,
4
braking system defects, and other serious nonconformities to warranty.
5
19.
Pursuant to the Song-Beverly Consumer Warranty Act (herein after the “Act”) Civil
6
Code sections 1790 et seq. the vehicle constitutes “consumer goods” used primarily for family or
7
household purposes, and Plaintiff has used the Subject Vehicle primarily for those purposes.
8
20.
Plaintiff is the “buyer” of consumer goods under the Act.
9
21.
Defendant Tesla, Inc. is a “manufacturer” and/or “distributor” under the Act.
10
22.
The foregoing defects and nonconformities to warranty manifested themselves in the
11
Subject Vehicle within the applicable express warranty period. The nonconformities substantially
12
impair the use, value and/or safety of the vehicle.
13
14
23.
the nonconformities.
15
16
Plaintiff delivered the vehicle to an authorized Tesla, Inc. repair facility for repair of
24.
Defendant was unable to conform Plaintiff’s vehicle to the applicable express after a
reasonable number of repair attempts.
17
25.
Notwithstanding Plaintiff’s entitlement, Defendant Tesla, Inc. has failed to either
18
promptly replace the new motor vehicle or to promptly make restitution in accordance with the Song-
19
Beverly Act.
20
21
26.
By failure of Defendant to remedy the defects as alleged above, or to issue a refund
or replacement vehicle, Defendant is in breach of its obligations under the Song-Beverly Act.
22
27.
Under the Act, Plaintiff is entitled to reimbursement of the price paid for the vehicle
23
less that amount directly attributable to use by the Plaintiff prior to the first presentation of the
24
nonconformities.
25
28.
Plaintiff is entitled to all incidental, consequential, and general damages resulting
26
from Defendant’s failure to comply with its obligations under the Song-Beverly Act.
27
///
28
///
-4COMPLAINT
PDF Page 6
1
29.
Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a
2
sum equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably
3
incurred in connection with the commencement and prosecution of this action.
4
30.
Because Defendant willfully violated the Song-Beverly Act, Plaintiff is entitled in
5
addition to the amounts recovered, a civil penalty of up to two times the amount of actual damages
6
for Tesla, Inc. ‘s willful failure to comply with its responsibilities under the Act.
7
SECOND CAUSE OF ACTION
8
Violation of the Song-Beverly Act – Breach of Implied Warranty
9
10
11
31.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
32.
Tesla, Inc. and its authorized dealership at which Plaintiff purchased the Subject
12
Vehicle had reason to know the purpose of the Subject Vehicle at the time of sale of the Subject
13
Vehicle. The sale of the Subject Vehicle was accompanied by implied warranties provided for under
14
the law.
15
16
17
18
19
20
21
33.
Among other warranties, the sale of the Subject Vehicle was accompanied by an
implied warranty that the Subject Vehicle was merchantable pursuant to Civil Code section 1792.
34.
The Subject Vehicle was not fit for the ordinary purpose for which such goods are
used because it was equipped with one or more defective vehicle systems/components.
35.
The Subject Vehicle did not measure up to the promises or facts stated on the
container or label because it was equipped with one or more defective vehicle systems/components.
36.
The Subject Vehicle was not of the same quality as those generally acceptable in the
22
trade because it was sold with one or more defective vehicle systems/components which manifest as
23
interior component defects, exterior and body component defects, braking system defects, and other
24
serious nonconformities to warranty.
25
37.
Upon information and belief, the defective vehicle systems and components were
26
present at the time of sale of the Subject Vehicle; thus, extending the duration of any implied
27
warranty under Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304–1305 and other
28
applicable laws.
-5COMPLAINT
PDF Page 7
1
2
38.
Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
Code, section 1794, et seq;
3
39.
Plaintiff hereby revokes acceptance of the Subject Vehicle.
4
40.
Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
5
1794, et seq.
6
7
41.
et seq. and Commercial Code, section 2711.
8
9
Plaintiff is entitled to rescission of the contract pursuant to Civil Code, section 1794,
42.
Plaintiff is entitled to recover any incidental, consequential, and/or “cover” damages
under Commercial Code, sections 2711, 2712, and Civil Code, section 1794, et seq.
10
THIRD CAUSE OF ACTION
11
Violation of the Song-Beverly Act Section 1793.2(b)
12
13
43.
Plaintiff incorporates herein by reference each and every allegation contained in the
preceding and succeeding paragraphs as though herein fully restated and re-alleged.
14
44.
Pursuant to Civil Code, section 1793.2, subdivision (a) a manufacturer that sells
15
consumer goods in California, for which it has made an express warranty, shall maintain service and
16
repair facilities or designate and authorize independent service and repair facilities to carry out the
17
terms of those warranties.
18
45.
Pursuant to Civil Code, section 1793.2, subdivision (b), when service and repair of
19
goods is necessary because they do not conform with the applicable express warranties, service and
20
repair shall be commenced within a reasonable time by the manufacturer or its representative.
21
46.
Civil Code, section 1793.2, subdivision (b) further states that goods shall be serviced
22
or repaired so as to conform to the applicable warranties within 30 days and/or within a reasonable
23
time.
24
47.
The sale of the Subject Vehicle was accompanied by express warranties, including a
25
warranty guaranteeing that the Subject Vehicle was safe to drive and not equipped with defective
26
parts, including the electrical system.
27
28
48.
Plaintiff delivered the Subject Vehicle to Tesla, Inc. ‘s authorized service
representatives on multiple occasions. The Subject Vehicle was delivered for repairs of defects,
-6COMPLAINT
PDF Page 8
1
which amount to a nonconformities to the express warranties that accompanied the sale of the
2
Subject Vehicle.
3
49.
Defendant’s authorized facilities did not conform the Subject Vehicle to warranty
4
within 30-days and/or commence repairs within a reasonable time and Tesla, Inc. has failed to tender
5
the Subject Vehicle back to Plaintiff in conformance with its warranties within the timeframes set
6
forth in Civil Code section 1793.2(b).
7
8
50.
Plaintiff is entitled to justifiably revoke acceptance of the Subject Vehicle under Civil
Code, section 1794, et seq;
9
51.
Plaintiff hereby revokes acceptance of the Subject Vehicle.
10
52.
Plaintiff is entitled to replacement or reimbursement pursuant to Civil Code, section
11
12
13
14
15
16
17
18
1794, et seq.
53.
Plaintiff is entitled to rescission of the contract pursuant to Civil Code section 1794,
et seq. and Commercial Code, section 2711.
54.
Plaintiff is entitled to recover any “cover” damages under Commercial Code sections
2711, 2712, and Civil Code, section 1794, et seq.
55.
Plaintiff is entitled to recover all incidental and consequential damages pursuant to
1794 et seq and Commercial Code sections, 2711, 2712, and 2713 et seq.
56.
Plaintiff is entitled in addition to the amounts recovered, a civil penalty of up to two
19
times the amount of actual damages in that Tesla, Inc. has willfully failed to comply with its
20
responsibilities under the Act.
21
PRAYER FOR RELIEF
22
WHEREFORE, Plaintiff prays for judgment against Defendants, as follows:
23
1.
For general, special and actual damages according to proof at trial;
24
2.
For rescission of the purchase contract and restitution of all monies expended;
25
3.
For diminution in value;
26
4.
For incidental and consequential damages according to proof at trial;
27
5.
For civil penalty in the amount of two times Plaintiff’s actual damages;
28
6.
For prejudgment interest at the legal rate;
-7COMPLAINT
PDF Page 9
1
7.
For reasonable attorney’s fees and costs and expenses of suit; and
2
8.
For such other and further relief as the Court deems just and proper under the
3
circumstances.
4
5
6
7
8
9
10
11
Dated: June 8, 2023
CALIFORNIA CONSUMER ATTORNEYS, P.C.
___________________________
Michael H. Rosenstein, Esq.
Sepehr Daghighian, Esq.
Michael William Oppenheim, Esq.
Attorneys for Plaintiff,
TAEKWANG LEE
Plaintiff, TAEKWANG LEE, hereby demands trial by jury in this action.
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13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-8COMPLAINT
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