PlainSite :: HURWITZ v. TESLA MOTORS, INC., et al., Superior Court of California, County of Alameda Case No. 23CV036056 Document 1: Document

Page 1 1 AUTO FRAUD LEGAL CENTER LLP
Christopher P. Barry (SBN 179308)
2 9988 Hibert Street, Suite San Diego, California 3 Telephone: (858) 348-Facsimile: (858) 348-4 hawk@autofraud.com
5 Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF ALAMEDA – RENE C. DAVIDSON COURTHOUSE
10 DAVID F. HURWITZ,
Plaintiff,

Case No.
Complaint
v.
1. Violations of the Consumers Legal
Remedies Act;
2. Intentional Misrepresentation;
3. Concealment;
4. Negligent Misrepresentation;
5. Breach of Implied Warranty
Merchantability;
6. Violations of the Unfair Competition
Law; and
7. Violation of Vehicle Code section 11711.
13 TESLA MOTORS, INC.;
HARCO NATIONAL INSURANCE
14 COMPANY;
and DOES 1 through 75, inclusive,
Defendants.
Plaintiff alleges the following against Defendants on information and belief, formed after a
21 reasonable inquiry under the circumstances:
PARTIES AND VENUE

1.
David F. Hurwitz (“Plaintiff”) is an individual who resided in the City of Rancho
24 Cucamonga, County of San Bernardino, State of California, at the time the contract (“Contract”) for the
25 purchase of the 2023 Tesla Model Y, with VIN: 7SAYGDEF1PF702149 (“Vehicle”), which is the subject
26 of this lawsuit, was signed. A true and correct copy of the Contract is attached hereto as Exhibit 1.
27 / / /
28 / / /
Complaint

Page 2
2.
Defendant Tesla Motors, Inc. (“Dealer”) is or was a car dealership registered to do
2 business in the State of California and doing business in the City of Fremont, County of Alameda, under
3 dealer license number 68106.
3.
Defendant Harco National Insurance Company is a corporation which issued a bond to
5 Dealer under Vehicle Code § 11710 (Bond # 0729881 effective September 7, 2017).
4.
Plaintiff does not know the true names and capacities, whether corporate, partnership,
7 associate, individual, or otherwise, of Defendants sued herein as Does 1 through 75, inclusive, and thus
8 names them under the provisions of Code of Civil Procedure § 474. Defendants Does 1 through 75,
9 inclusive, are in some manner responsible for the acts, occurrences, and transactions set forth herein, and
10 are legally liable to Plaintiff and/or they are the alter-ego of the Defendants named herein. Plaintiff will
11 set forth the true names and capacities of the fictitiously-named Defendants together with appropriate
12 charging allegations when ascertained.
5.
All acts of Dealer’s employees, as hereinafter alleged, were authorized or ratified by the
14 owner or managing agents of Dealer.
SUMMARY OF ALLEGATIONS

6.
On January 30, 2023, Plaintiff ordered the Vehicle from Dealer.

7.
On March 12, 2023, Plaintiff took delivery of the Vehicle. The Vehicle was sold and
18 represented to Plaintiff to as “new,” and is identified on the Contract as “new.”
8.
Based on these representations, Plaintiff agreed to purchase the Vehicle. Plaintiff and
20 Dealer signed the Contract, which included the following terms: $59,630.00 cash price and $64,963.21 total amount paid for the Vehicle.
9.
Plaintiff obtained a loan from Schools First Federal Credit Union to pay Tesla the
23 remaining balance owed.
10.
Plaintiff gave Schools First Federal Credit Union a down payment of $30,000.00 and
25 signed a loan agreement for the remaining balance which included the following terms: 4.49% annual
26 percentage rate, $34,968.33 amount financed, $2,599.96 finance charge, $37,568.29 total of payments,
27 35 monthly payments of $1,051.38 starting on May 31, 2023, and one final payment of $1.043.34 on
28 April 30, 2026.
Complaint

Page 3
11.
Shortly after taking delivery of the Vehicle, Plaintiff noticed the color of the front bumper
2 of the Vehicle did not match the rest of the Vehicle.
12.
Plaintiff contacted Dealer’s service department. On March 15, 2023, when the Vehicle
4 had 60 miles on it, Dealer’s service department in Upland inspected and diagnosed the Vehicle. Dealer’s
5 service department agreed with Plaintiff’s assessment and agreed to replace the bumper cover.
13.
On March 17, 2023, Dealer’s Upland service department removed and replaced the “front
7 fascia assembly.” At the time of this repair, Dealer’s service department told Plaintiff the Vehicle’s front
8 driver’s rim and tire were replaced, the driver’s window had been broken and replaced, and the hood was
9 adjusted.
14.
Two of Dealer’s mobile technicians told Plaintiff work had been done to the Vehicle prior
11 to its delivery to Plaintiff. They both told him there was an internal document which had a long list of
12 repairs performed, but they could not give him a copy of this document.
15.
The Vehicle was damaged prior to being sold to Plaintiff. The Vehicle was sold with
14 unrepaired damages without disclosure.
16.
Plaintiff wanted a new vehicle. He would not have purchased the Vehicle if he had known
16 the Vehicle had been damaged.
FIRST CAUSE OF ACTION

Violations of the Consumers Legal Remedies Act, Civil Code § 1750, et seq.

(As to Dealer and Does 1-75)

17.
Plaintiff incorporates herein each and every allegation set forth above.

18.
The Vehicle constitutes “goods” bought for use primarily for personal, family, or
22 household purposes pursuant to Civil Code § 1761(a).
19.
Dealer is a “person” pursuant to Civil Code § 1761(c).

20.
Plaintiff is a “consumer” pursuant to Civil Code § 1761(d).

21.
The advertisement and sale of the Vehicle to Plaintiff are “transactions” pursuant to Civil
26 Code § 1761(e).
22.
Pursuant to the Consumers Legal Remedies Act (“CLRA”), Civil Code § 1770(a), the
28 following unfair methods of competition and unfair or deceptive acts or practices are prohibited:
Complaint

Page 4 1 (5) representing that goods have sponsorship, approval, characteristics, uses, or benefits, which they do
2 not have; (6) representing that goods are original or new if they have deteriorated unreasonably or are
3 altered, reconditioned, reclaimed, used, or secondhand; (7) representing that goods are of a particular
4 standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
5 (9) advertising goods with intent not to sell them as advertised; (14) representing that a transaction
6 confers or involves rights, remedies, or obligations which it does not have or involve, or which are
7 prohibited by law; and (16) representing that the subject of a transaction has been supplied in accordance
8 with a previous representation when it has not.
23.
Dealer violated the CLRA by, at a minimum: (1) misrepresenting the condition of the
10 Vehicle; (2) representing the Vehicle was new, when it had deteriorated unreasonably, been altered,
11 and/or been reconditioned; (3) representing the Vehicle was new, when it had been repaired;
12 (4) representing the Vehicle was new, when it had been damaged; (5) representing the Vehicle was new,
13 when it had unrepaired damage; (6) concealing the damage to the Vehicle; and (7) concealing the
14 condition of the Vehicle.
24.
Plaintiff mailed, via certified and regular mail, a notice of violations of the CLRA and
16 demand for relief under the CLRA.
25.
Plaintiff has been harmed by Dealer’s violations of the CLRA.

26.
At this time, Plaintiff does not seek “damages” under Civil Code § 1780. The CLRA
19 provides that a complaint for violations may be amended without leave of court should the violations not
20 be remedied within 30 days to add a prayer for damages. Should the violations complained of herein not
21 be remedied within the requisite time frame, Plaintiff will amend the Complaint to seek all available relief
22 under the CLRA.
27.
Civil Code § 1780(a)(2) provides that a consumer is entitled to an injunction prohibiting
24 acts or practices that violate the CLRA. Plaintiff seeks an order enjoining Dealer from the acts, methods,
25 and/or practices set forth above.
28.
Pursuant to Civil Code § 1780(a)(5), Plaintiff seeks any other relief the Court deems
27 proper.
28 / / /
Complaint

Page 5
29.
Pursuant to Civil Code § 1780(e), Plaintiff seeks recovery of his reasonable attorneys’
2 fees and costs.
SECOND CAUSE OF ACTION

Intentional Misrepresentation

(As to Dealer and Does 1-75)

30.
Plaintiff incorporates herein each and every allegation set forth above.

31.
Prior to the execution of the Contract, at the time the Contract was executed, and
8 afterward, Dealer made the representations of fact to Plaintiff set forth above.
32.
Prior to the execution of the Contract, at the time the Contract was executed, and
10 afterward, Dealer omitted material facts from the statements it made as set forth above, the disclosure of
11 which were necessary in order to make Dealer’s other statements not misleading.
33.
Specifically, Dealer represented the following facts were true: the Vehicle was new and
13 original.
34.
The representations and omissions of material fact made by Dealer were false.

35.
Dealer knew the representations were false when it made them or made the representations
16 and omissions of material fact recklessly and without regard for their truth.
36.
Dealer owed a statutory duty to Plaintiff under the Vehicle Code not to make false or
18 misleading statments.
37.
Dealer intended Plaintiff rely on its representations.

38.
Plaintiff was unaware of the falsity of the representations or omissions and reasonably
21 relied upon the truth of those representations by purchasing the Vehicle.
39.
Plaintiff’s reliance on Dealer’s representation was a substantial factor in causing Plaintiff
40.
As a direct and proximate result of Dealer’s misrepresentations or omissions of material
23 harm.
25 facts, Plaintiff suffered damages, including actual, consequential, and/or incidental damages, according
26 to proof of trial.
27 / / /
28 / / /
Complaint

Page 6
41.
Material facts pertaining to the purchase of the Vehicle were misrepresented, and,
2 therefore, Plaintiff is entitled to rescission of the Contract and restitution in an amount according to proof
3 at trial.
42.
Dealer’s conduct constitutes conduct that is oppressive, fraudulent, and/or malicious,
5 thereby entitling Plaintiff to punitive damages under Civil Code § 3294. The acts of Dealer’s corporate
6 employees as alleged were authorized or ratified by an officer, director, or managing agent of Dealer.
THIRD CAUSE OF ACTION

Concealment

(As to Dealer and Does 1-75)

43.
Plaintiff incorporates herein each and every allegation set forth above.

44.
Dealer concealed various facts from Plaintiff, as set forth above.

45.
The above facts were material to the transaction and were known exclusively to Dealer.

46.
Dealer knew or reasonably should have known the above facts were not known or
14 reasonably discoverable by Plaintiff.
47.
Further, the disclosure of the above facts was necessary to prevent other statements by
16 Dealer from being misleading.
48.
Dealer thus had a duty to disclose the above facts to Plaintiff.

49.
Dealer intended to deceive Plaintiff by concealing the above facts.

50.
Had the above facts been disclosed to Plaintiff, Plaintiff reasonably would have behaved
20 differently.
51.
The concealment of the above facts by Dealer was a substantial factor in causing
22 Plaintiff’s harm.
52.
As a direct and proximate result of Dealer’s concealment of material facts, Plaintiff
24 suffered damages, including actual, incidental, and consequential damages.
53.
Plaintiff is entitled to rescission of the Contract and restitution.

54.
The acts of Dealer’s employees were authorized or ratified by an officer, director, or
27 managing agent of Dealer.
28 / / /
Complaint

Page 7
55.
Dealer’s conduct was oppressive, fraudulent, and malicious, thereby entitling Plaintiff to
2 punitive damages under Civil Code section 3294.
FOURTH CAUSE OF ACTION

Negligent Misrepresentation

(As to Dealer and Does 1-75)

56.
Plaintiff incorporates by reference each and every allegation set forth above.

57.
Prior to the execution of the Contract, at the time the Contract was executed, and
8 afterward, Dealer made misrepresentations of fact as set forth above.
58.
Prior to the execution of the Contract, at the time the Contract was executed, and
10 afterward, Dealer omitted material facts from statements it made as set forth above, the disclosure of
11 which were required by law.
59.
Specifically,
Dealer
made
the
following
misrepresentations
to
Plaintiff:
13 (1) misrepresenting the condition of the Vehicle; (2) representing the Vehicle was new, when it had
14 deteriorated unreasonably, been altered, and/or been reconditioned; (3) representing the Vehicle was new,
15 when it had been repaired; (4) representing the Vehicle was new, when it had been damaged;
16 (5) representing the Vehicle was new, when it had unrepaired damage; (6) concealing the damage to the
17 Vehicle; and (7) concealing the condition of the Vehicle.
60.
The representations by Dealer were not true.

61.
Regardless of its actual belief, Dealer made the representations without any reasonable
20 grounds for believing them to be true when it made them.
62.
Dealer intended Plaintiff rely on its representations.

63.
Dealer had a statutory duty under the Vehicle Code not to make false or misleading
23 statements to Plaintiff. Dealer failed to exercise due care in ascertaining the accuracy of the
24 representations about the Vehicle made to Plaintiff.
64.
Plaintiff reasonably relied upon Dealer’s representations and acted in reliance thereon by
26 purchasing the Vehicle.
65.
Plaintiff was unaware of the falsity of the representations and acted in reliance upon the
28 truth of those representations and was justified in relying upon those representations.
Complaint

Page 8
66.
As a direct and proximate result of Dealer’s negligent misrepresentations of material fact,
2 Plaintiff suffered damages, including all actual, consequential, and incidental damages according to proof
3 at trial. Plaintiff’s reliance on Dealer’s representations were a substantial factor in causing Plaintiff’s
4 harm.
67.
Plaintiff was fraudulently induced to enter into the Contract and, therefore, is entitled to
6 rescission and/or restitution in an amount according to proof at trial, including all actual, consequential,
7 and incidental damages.
FIFTH CAUSE OF ACTION

Breach of the Implied Warranty of Merchantability, Civil Code §
(As to Dealer and Does 1-75)

68.
Plaintiff incorporates herein each and every allegation set forth above.

69.
In connection with the purchase, Plaintiff received an express written warranty in which
13 Dealer undertook to preserve or maintain the utility or performance of the Vehicle or to provide
14 compensation if there is a failure in utility or performance for a specified period of time. The warranty
15 provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty
16 period, Plaintiff could deliver the Vehicle for repair services to Dealer or Dealer’s representative and the
17 Vehicle would be repaired.
70.
During the warranty period, the Vehicle contained or developed various defects, including
19 but not limited to the problems with the Vehicle listed above.
71.
Pursuant to Civil Code §§ 1791.1 and 1792, the sale of the Vehicle was accompanied by
21 Dealer’s implied warranty of merchantability. The duration of the implied warranty is coextensive in
22 duration with the duration of the express written warranty provided by Dealer.
72.
The implied warranty of merchantability means and includes that the Vehicle will comply
24 with each of the following requirements: (1) the Vehicle will pass without objection in the trade under
25 the contract description; (2) the Vehicle is fit for the ordinary purposes for which such goods are used;
26 (3) the Vehicle is adequately contained, packaged, and labeled; and (4) the Vehicle will conform to the
27 promises or affirmations of fact made on the container or label.
28 / / /
Complaint

Page 9
73.
During the time period in which the implied warranty was in effect, the Vehicle contained
2 or developed the defects stated above. The existence of each of these defects constitutes a breach of the
3 implied warranty because the Vehicle (1) does not pass without objection in the trade under the contract
4 description, (2) is not fit for the ordinary purposes for which such goods are used, (3) was not adequately
5 labeled, and/or (4) does not conform to the promises or affirmations of fact made on the label.
74.
Plaintiff rightfully rejected and/or justifiably revoked acceptance of the Vehicle and has
7 exercised a right to cancel the sale. By serving this Complaint, Plaintiff does so again. Accordingly,
8 Plaintiff seeks the remedies provided in Civil Code section 1794(b)(1), including return of the entire
9 purchase price. In the alternative, Plaintiff seeks the remedies set forth in Civil Code section 1794(b)(2),
10 including the diminution in value of the Vehicle resulting from its defects. Plaintiff believes that, at the
11 present time, the Vehicle’s value is de minimis.
75.
Plaintiff has been damaged by Dealer’s failure to comply with its obligations under the
13 implied warranty, and therefore brings this claim pursuant to Civil Code § 1794.
76.
Plaintiff is entitled to all incidental and consequential damages resulting from Dealer’s
15 failure to comply with its obligations under the Song-Beverly Act.
77.
Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a sum
17 equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably incurred in
18 connection with the commencement and prosecution of this action.
SIXTH CAUSE OF ACTION

Violations of the Unfair Competition Law, Business & Professions Code § 17200, et seq.

(As to Dealer and Does 1-75)

78.
Plaintiff incorporates by reference each and every allegation set forth above.

79.
Dealer committed acts in violation of the Unfair Competition Law (“UCL”), as defined
24 by Business and Professions Code § 17200, et seq., as set forth more fully above. Dealer engaged in a
25 course of conduct of systematically violating the consumer laws in this State prohibiting the commitment
26 of deceptive practices, including the laws of fraud and deceit, and the various prohibitions contained in
27 the CLRA, the Song-Beverly Act, the Commercial Code, and the Vehicle Code.
28 / / /
Complaint

Page 10
80.
The harm to Plaintiff outweighs the utility of Dealer’s policies and/or practices
2 particularly considering the available alternatives, in that Dealer’s policies and/or practices are immoral,
3 unscrupulous, unethical, and/or against public policy. Dealer’s policies and/or practices consequently
4 constitute an “unfair” business act or practice within the meaning of the UCL.
81.
Dealer’s deceptive policies and/or practices as set forth above also are likely to and/or
6 have deceived Plaintiff. Thus, Dealer also engaged in “fraudulent” business practices.
82.
Dealer violated the UCL by, at a minimum: (1) misrepresenting the condition of the
8 Vehicle; (2) representing the Vehicle was new, when it had deteriorated unreasonably, altered, and/or
9 reconditioned; (3) representing the Vehicle was new, when it had been repaired; (4) representing the
10 Vehicle was new, when it had been damaged; (5) representing the Vehicle was new, when it had
11 unrepaired damage; (6) concealing the damage to the Vehicle; (7) concealing the condition of the
12 Vehicle; (8) violating the CLRA; (9) violating the Song-Beverly Act; (10) violating the Commercial
13 Code; and (11) violating the Vehicle Code.
83.
Plaintiff lost money and suffered injury in fact as a result of Dealer’s illegal conduct.

84.
Dealer engaged in, and continues to engage in, the same form of deceptive acts and/or
16 practices.
85.
Dealer’s unlawful, unfair, and/or fraudulent business practices present a continuing threat
18 to Plaintiff and/or others in that Dealer will continue utilizing similar policies and/or practices.
86.
Business and Professions Code § 17203 provides that Plaintiff is entitled to an order
20 enjoining Dealer from engaging in acts or practices that violate Business and Professions Code § 17200,
21 as well as providing for equitable monetary relief so as to preclude the retention of all ill-gotten monies
22 by Dealer or so as to restore any monies wrongfully obtained by Dealer to Plaintiff. Plaintiff seeks such
23 equitable monetary relief, and an order enjoining Dealer from engaging in the acts and/or practices set
24 forth above, imposing an asset freeze or constructive trust over such monies as the Court deems
25 appropriate, as well as compelling a corrective informational campaign to correct the misperceptions in
26 the marketplace created by such conduct.
27 / / /
28 / / /
Complaint

Page 11
SEVENTH CAUSE OF ACTION

Violation of Vehicle Code §
(As to Harco National Insurance Company and Does 71-75)

87.
Plaintiff incorporates herein each and every allegation set forth above.

88.
As a condition of obtaining a license from the California DMV to sell vehicles, Dealer
6 was required by Vehicle Code § 11710 to obtain, and did obtain, a surety bond in the amount of $50,7 from Harco National Insurance Company.
89.
Harco National Insurance Company issued Bond No. Bond # 0729881 effective
9 September 7, 2017, to Dealer to fulfill its obligations under Vehicle Code § 11710. The bond issued to
10 Dealer was in effect on the date of the incidents alleged above.
90.
Pursuant to Vehicle Code § 11710(a), the bond was issued to Dealer and made payable to
12 “a purchaser” in the case of “fraud” by Dealer.
91.
Plaintiff is a purchaser within the meaning of Vehicle Code § 11710(a). Fraud, as that
14 term is used in Vehicle Code § 11710(a), is the same fraud as commonly defined in the law, including
15 fraud as defined in Civil Code §§ 1571, 1572, and 1573 and Vehicle Code § 11710(a). See Beverly
16 Finance Co. v. Sentry Select Insurance Company Casualty Co. of Reading (1969) 273 Cal.App.2d 259.
92.
Dealer committed fraud within the meaning of Civil Code §§ 1571, 1572, and 1573 and
18 Vehicle Code §§ 11710(a) and 11711(a)(1).
93.
Vehicle Code § 11711(a) provides a consumer with a cause of action against the surety
20 company if a dealership committed fraud. Dealer committed fraud in the sale of the vehicle by:
21 (1) misrepresenting the condition of the Vehicle; (2) representing the Vehicle was new, when it had
22 deteriorated unreasonably, been altered, and/or been reconditioned; (3) representing the Vehicle was new,
23 when it had been repaired; (4) representing the Vehicle was new, when it had been damaged;
24 (5) representing the Vehicle was new, when it had unrepaired damage; (6) concealing the damage to the
25 Vehicle; and (7) concealing the condition of the Vehicle.
94.
Dealer’s fraud was committed by salesmen or persons acting within the scope of their
27 employment.
28 / / /
Complaint

Page 12
95.
Plaintiff has possession of a written instrument furnished by Dealer, containing stipulated
2 provisions and guarantees which Plaintiff believes have been violated by Dealer.
96.
Harco National Insurance Company is liable under the bond to Plaintiff, based on the
4 fraud of Dealer, in the amount of the purchase price of the vehicle, or such other sum as is established at
5 the time of trial, according to proof.
PRAYER FOR RELIEF
Accordingly, Plaintiff prays for judgment as follows and as permitted as to each cause of action:

1.
for rescission of the Contract in the amount of $64,963.33;

2.
for restitution in the amount of $64,963.33;

3.
for actual damages in the amount of $64,963.33;

4.
for incidental and consequential damages in the amount of $7,500.00;

5.
for punitive damages where available;

6.
no request for damages is made under the CLRA until such time as the CLRA

cause of action is amended to add damages;
7.

no request for punitive damages is made as to Harco National Insurance
Company;
8.

for the equitable and injunctive relief permitted under Civil Code §§ 1780 and
1794 and Business & Professions Code § 17200;

9.
for pre-judgment interest at the legal and/or contract rate;

10.
for reasonable attorneys’ fees and costs of suit as permitted by law (including, but

not limited to, Civil Code §§ 1780(e) and 1794(d), Code of Civil Procedure

§ 1021.5, and the bond company claims);

11.

relief under Business & Professions Code § 17200 as limited as provided by law;
and
12.
for such other and further relief as the Court deems just and proper under the
circumstances.
27 / / /
28 / / /
Complaint

Page 13 1 Dated: June 14,
AUTO FRAUD LEGAL CENTER LLP

By:
_________________________
Christopher P. Barry
Attorneys for Plaintiff
Complaint

Page 14 EXHIBIT 1

Page 15 Serial: Reservation RN
T
= 5 Lom
Motor Vehicle Purchase Agreement
Vehicle Configuration

Customer Information Description Total in USD
David Fleron Hurwitz Model Y Performance Dual Motor All-Wheel Drive $17,000.Dual Motor All-Wheel Drive $0.RCH CUCAMONGA, CA 91739 Five Seat Interior $0.9499227834 All Black Premium Interior $0.dfhurwitz@yahoo.com Midnight Silver Metallic Paint $1,000.21” Uberturbine Wheels $0.VIN 7SAYGDEF1PF702149 Autopilot $0.Reservation RN118495573 Model Y $39,990.Premium Interior $0.Order Fee $250.00 Supercharger Network Access + Pay-as-you-go $0.Payment Carbon Fiber Spoiler $0.Poyirert Fee $0.00 Performance Pedals $0.Order Deposit $0.00 Performance Upgrade $0.Accepted by 01/30/2023 Performance Brakes $0.Customer on Subtotal $57,990.Odometer s Destination Fee $1,390.Order Fee $250.eng youene ted eorene tinclude taxes Transportation Fee Cif applicable) $0.sas Wal oo rosoomsicle. for genes Carrier Direct Fee Cif applicable) $0.additional taxes and fees. Order Modification Fee Cif applicable) $0.Total $59,630.
Motor Vehicle Purchase Agreement, Vehicle Configuration Page 1 of
Tesla, Inc. ©2021

Page 16 THES5LGA
Motor Vehicle Purchase Agreement
Final Price Sheet

DATE OF AGREEMENT 03/12/BUYER’S AND CO-BUYER’S NAME AND ADDRESS: SELLER’S NAME AND ADDRESs:
David Fleron Hurwitz Tesla Motors Inc.
Po 45500 Fremont Blvd
RCH CUCAMONGA, CA 91739 Fremont, CA New/Used Year Make Model Style Vehicle Identification Number Odometer
New 2023 TESLA Model Y UT 7SAYGDEFIPF702149
1. Total Vehicle Price
A. Cash price of motor vehicle, options, accessories and fees.
(See attached Vehicle Configuration for itemization.) $ 59,630.00 (A)
B. Other: N/A $ 0.00 (B)
Cc. Other: N/A $ 0.00 (C)
Total Vehicle Price (A through C) $ 59,630.00 (1)
2. Tax Calculation
A. Trade-in tax credit (if applicable) $ 0.00 (A)
B. Taxable Fees Cif applicable) $ 0.00 (B)
C. Subtotal of Taxable Items $ 59,630.00 (C)
D. Sales Tax $ 4,621.33 (2D)
E. Other: N/A $ 0.00 (2E)
Total Cash Price (1 plus 2D and 2E) $ 64,251.33 (2)
3. Amounts Paid to Government Agencies*
A. Registration/Transfer/Titling Fees $ 288.00 (A)
B. License Fee Cif applicable) $ 386.00 (B)
C. Tire Fee Cif applicable) $ 7.00 (C)
D. Battery Fee Cif applicable) $ 0.00 (D)
E. Other Fee(s): Electronic Filing Fee $ 31.00 (E)
F. Other Fee(s): N/A $ 0.00 (F)
G. Other Fee(s): N/A $ 0.00 (G)
Total Government Fees (A through G) $ 712.00 (3)
4. Subtotal (2 plus 3) $ 64,963.33 (4)
5. Total Credits
A. Deposit $ 0.00 (A)
B. Order Fee Payment $ 250.00 (B)
C. Transport Fee Payment (if applicable) $ 0.00 (C)
D. Financed Amount: SchoolsFirst FCU $ 64,713.33 (D)
E. EV Incentive Cif applicable) $ 0.00 (E)
F. Trade in value applied to purchase Cif applicable) $ 0.00 (F)
G. Customer downpayment $ 0.00 (G)
Total Credits (A through G) $ 64,963.53 (5)
6. Amount Due from Buyer (4 through 5) $ 0.00 (6)
*Seller may retain or receive part of the amounts paid to others.

Auto Broker Fee: This transaction is not subject to a fee received by an auto broker from Seller unless this box is checked:
OO If checked, name of auto broker receiving fee: n/a
Motor Vehicle Purchase Agreement - Final Price Sheet (v. 20210402))
Tesla, Inc. ©2021 Page 1 of 1

Page 17 a
Motor Vehicle Order Agreement
Terms & Conditions
Documentation. Your Motor Vehicle Order Agreement (the “Agreement”) is made up of the following documents:
1. Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including pricing
(excluding taxes and official or government fees).
2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based
on your final Vehicle Configuration and will include taxes and official or governmental fees.
3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee
(the “Order Date”).
Agreement to Purchase. You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Tesla, Inc.
or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured
based on features and options available at the time of order and you can confirm availability with a Tesla representative. Options,
features or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are
purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage.
Purchase Price, Taxes and Official Fees. The purchase price of the Vehicle is indicated in your Vehicle Configuration. This purchase
price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase
price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the
Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying
these additional taxes and fees. If Tesla is registering your Vehicle, this will be due when you pay the purchase price. If you are
registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of
registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use
information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will
reflect this transaction as an Electronic Fund Transfer. If you are purchasing a used Vehicle, your Order Deposit will be applied to
your Purchase Price.
Order Process; Cancellation; Changes. After you submit your completed order, we will begin the process of preparing and
coordinating your Vehicle delivery. At this point, you agree that any paid Order Fee, Order Deposit and Transportation fee have
been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as
liquidated damages the Order Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You
acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we
have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or
extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing
adjustments made since your original Order Date. Any changes made by you to your Vehicle Configuration, including changes to the
delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this
Agreement. The Order Fee, Order Deposit, Transportation Fee and this Agreement are not made or entered into in anticipation of or
pending any conditional sale contract.
Delivery; Transfer of Title. If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you
of when we expect your Vehicle to be ready for delivery at your local Tesla Delivery Center, or other location as we may agree to.
You agree to schedule and take delivery of your Vehicle within three (3) days of this date. If you do not respond to our notification or
are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers. For new
vehicles, if you do not take delivery within fourteen (14) days of our first attempt to notify you, Tesla may cancel your order and
keep your Order Fee.
If you wish to pick up your Vehicle in a state where we are not licensed to sell the Vehicle, or if you and Tesla otherwise agree, Tesla
will, on your behalf and at your cost, coordinate the shipment of your Vehicle to you, generally from our factory in California or
another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Tesla
will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that
delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the
transport (i.e., FOB shipping point). During such transit, your Vehicle will be insured at no cost to you, and you will be the
beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment
Motor Vehicle Order Agreement (US v.20230201) Page 1 of Tesla, Inc. ©2023

Page 18 a
supplied to the Vehicle. Any connectivity issues (including for quality, functionality or coverage) or gaps in service unrelated to a
hardware fault or failure are not covered by Tesla warranties.
Obsolete Hardware and Future Firmware Updates. The Vehicle will regularly receive over-the-air software updates that add new
features and enhance existing ones over Wi-Fi. Future software updates may not be provided for your Vehicle, or may not include all
existing or new features or functionality, due to your Vehicle’s age, configuration, data storage capacity or parts, after the expiration
of your Warranty. We are not liable for any parts or labor or any other cost needed to update or retrofit the Vehicle so that it may
receive these updates, or any Vehicle issues occurring after the installation of any software updates due to obsolete, malfunctioning
(except as covered by your Warranty) or damaged hardware.
Privacy Policy; Payment Terms for Services; Supercharger Fair Use Policy. Tesla’s Customer Privacy Policy; Payment Terms for
Services and Supercharger Fair Use Policy are incorporated into this Agreement and can be viewed at www.tesla.com/about/legal.
Warranty. You will receive access to the Tesla New Vehicle Limited Warranty or the Tesla Used Vehicle Limited Warranty, as
applicable, at or prior to the time of Vehicle delivery or pickup. The warranty version applicable to your Vehicle is that which was in
effect when the Vehicle was first delivered or picked up from Tesla directly, including by any previous owners. You may also obtain a
written copy of your warranty from us upon request and view the current version at our website.
Limitation of Liability. We are not liable for any general, incidental, special or consequential damages arising out of this Agreement.
Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee, Order Deposit and
Transportation Fee.
No Resellers; Discontinuation; Cancellation. Tesla and its affiliates sell cars directly to end-consumers, and we may unilaterally
cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad
faith, and we'll keep your Order Fee, Order Deposit and Transportation Fee. This includes orders for which a third-party is facilitating
or brokering the sale, or if the vehicles are to be exported to somewhere other than where you tell us you will be registering the
Vehicle. We may also cancel your order and refund your Order Fee, Order Deposit and Transportation Fee if we discontinue or never
release a product, feature or option after the time you place your order. We work to fulfill your order as quickly as we can. If you
become unresponsive to us or fail to complete a requested action to progress towards delivery of your Vehicle, we may cancel your
order and keep your Order Fee, Order Deposit and Transportation Fee. Alternatively, Tesla may give you the option to reconfigure
your Vehicle at the current pricing.
Default and Remedies. You will be in default of this Agreement if you provide false or misleading information in your order, or do
anything else the law says is a default. If you are in default, we may, after any legally required notice or waiting period: (i) do
anything to protect our interest in the Vehicle, including repossessing the Vehicle using legally permitted means, (ii) locate and
disable the Vehicle electronically using our remote dynamic vehicle connection described in our Privacy Policy, (iii) sue you for
damages or to get the Vehicle back, and/or (iv) charge you for amounts we spend taking these actions.
Waiver. Any delay or failure of a party to enforce any of the provisions of this Agreement, including but not limited to any remedies
listed in this Agreement, or to require performance by the other party of any of the provisions of this Agreement, shall not be
construed to: (i) be a waiver of such provisions or a party’s right to enforce that provision; or (ii) affect the validity of this Agreement.
Governing Law; Integration; Assignment. Except as provided below, the terms of this Agreement are governed by, and to be
interpreted according to, the laws of the State in which we are licensed to sell motor vehicles that is nearest to your address
indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications or representations about
the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained
herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
State-Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-Specific
Provisions attachment to this Agreement.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By
confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
Motor Vehicle Order Agreement (US v.20230201) Page 3 of Tesla, Inc. ©2023

Page 19 | oe

For VIRGINIA residents: IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO
IA RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE
OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A
FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE
PROVIDER'S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES
CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE
CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU
VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN
CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THE VEHICLE TO THE DEALER WITHIN 24 HOURS OF
VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY
IDDOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE
WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT
BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE
PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOES NOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN
THE DEALER GETS THE VEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR,
THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMER PROTECTION ACT.

Motor Vehicle Order Agreement (US v.20230201) Page 5 of Tesla, Inc. ©2023

Page 20 T = &
Ler
Payment Instructions
Electronic Check
The easiest way to pay for your Model Y is by
electronic check, also known as ACH. Prior to
delivery, you will be invited by email to make your
payment on our website.
To make a payment now, please sign in to your My
Tesla account at this web address:
https:/www.tesla.com/teslaaccount
Mailed Cashier's Check
If you are planning to mail a cashier’s check for final
payment, please make payable to Tesla, Inc. and
send it to the following address:
Attn: Funding Team
45500 Fremont Blvd
Fremont, CA
Wire Transfer
Please include your name and your order number
(RN118495573) when paying by wire transfer.
Bank Name Wells Fargo Bank, N.A.
Bank Address 420 Montgomery
San Francisco, CA
Account Name Tesla Motors Inc.
Account # ABA/Routing # Note Your name, RN
Please note: If you are sending a wire from Bank of
America, you must use this account number:
4000118323

PDF Page 1	PlainSite Cover Page

PDF Page 2	1 AUTO FRAUD LEGAL CENTER LLP Christopher P. Barry (SBN 179308) 2 9988 Hibert Street, Suite 150 San Diego, California 92131 3 Telephone: (858) 348-1005 Facsimile: (858) 348-1150 4 hawk@autofraud.com 5 Attorneys for Plaintiff 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA – RENE C. DAVIDSON COURTHOUSE 10 DAVID F. HURWITZ, Plaintiff, 11 12 Case No. Complaint v. 1. Violations of the Consumers Legal Remedies Act; 2. Intentional Misrepresentation; 3. Concealment; 4. Negligent Misrepresentation; 5. Breach of Implied Warranty Merchantability; 6. Violations of the Unfair Competition Law; and 7. Violation of Vehicle Code section 11711. 13 TESLA MOTORS, INC.; HARCO NATIONAL INSURANCE 14 COMPANY; and DOES 1 through 75, inclusive, 15 Defendants. 16 17 18 19 20 Plaintiff alleges the following against Defendants on information and belief, formed after a 21 reasonable inquiry under the circumstances: PARTIES AND VENUE 22 23 1. David F. Hurwitz (“Plaintiff”) is an individual who resided in the City of Rancho 24 Cucamonga, County of San Bernardino, State of California, at the time the contract (“Contract”) for the 25 purchase of the 2023 Tesla Model Y, with VIN: 7SAYGDEF1PF702149 (“Vehicle”), which is the subject 26 of this lawsuit, was signed. A true and correct copy of the Contract is attached hereto as Exhibit 1. 27 / / / 28 / / / 1 Complaint

PDF Page 3	1 2. Defendant Tesla Motors, Inc. (“Dealer”) is or was a car dealership registered to do 2 business in the State of California and doing business in the City of Fremont, County of Alameda, under 3 dealer license number 68106. 4 3. Defendant Harco National Insurance Company is a corporation which issued a bond to 5 Dealer under Vehicle Code § 11710 (Bond # 0729881 effective September 7, 2017). 6 4. Plaintiff does not know the true names and capacities, whether corporate, partnership, 7 associate, individual, or otherwise, of Defendants sued herein as Does 1 through 75, inclusive, and thus 8 names them under the provisions of Code of Civil Procedure § 474. Defendants Does 1 through 75, 9 inclusive, are in some manner responsible for the acts, occurrences, and transactions set forth herein, and 10 are legally liable to Plaintiff and/or they are the alter-ego of the Defendants named herein. Plaintiff will 11 set forth the true names and capacities of the fictitiously-named Defendants together with appropriate 12 charging allegations when ascertained. 13 5. All acts of Dealer’s employees, as hereinafter alleged, were authorized or ratified by the 14 owner or managing agents of Dealer. 15 SUMMARY OF ALLEGATIONS 16 6. On January 30, 2023, Plaintiff ordered the Vehicle from Dealer. 17 7. On March 12, 2023, Plaintiff took delivery of the Vehicle. The Vehicle was sold and 18 represented to Plaintiff to as “new,” and is identified on the Contract as “new.” 19 8. Based on these representations, Plaintiff agreed to purchase the Vehicle. Plaintiff and 20 Dealer signed the Contract, which included the following terms: $59,630.00 cash price and $64,963.33 21 total amount paid for the Vehicle. 22 9. Plaintiff obtained a loan from Schools First Federal Credit Union to pay Tesla the 23 remaining balance owed. 24 10. Plaintiff gave Schools First Federal Credit Union a down payment of $30,000.00 and 25 signed a loan agreement for the remaining balance which included the following terms: 4.49% annual 26 percentage rate, $34,968.33 amount financed, $2,599.96 finance charge, $37,568.29 total of payments, 27 35 monthly payments of $1,051.38 starting on May 31, 2023, and one final payment of $1.043.34 on 28 April 30, 2026. 2 Complaint

PDF Page 4	1 11. Shortly after taking delivery of the Vehicle, Plaintiff noticed the color of the front bumper 2 of the Vehicle did not match the rest of the Vehicle. 3 12. Plaintiff contacted Dealer’s service department. On March 15, 2023, when the Vehicle 4 had 60 miles on it, Dealer’s service department in Upland inspected and diagnosed the Vehicle. Dealer’s 5 service department agreed with Plaintiff’s assessment and agreed to replace the bumper cover. 6 13. On March 17, 2023, Dealer’s Upland service department removed and replaced the “front 7 fascia assembly.” At the time of this repair, Dealer’s service department told Plaintiff the Vehicle’s front 8 driver’s rim and tire were replaced, the driver’s window had been broken and replaced, and the hood was 9 adjusted. 10 14. Two of Dealer’s mobile technicians told Plaintiff work had been done to the Vehicle prior 11 to its delivery to Plaintiff. They both told him there was an internal document which had a long list of 12 repairs performed, but they could not give him a copy of this document. 13 15. The Vehicle was damaged prior to being sold to Plaintiff. The Vehicle was sold with 14 unrepaired damages without disclosure. 15 16. Plaintiff wanted a new vehicle. He would not have purchased the Vehicle if he had known 16 the Vehicle had been damaged. 17 FIRST CAUSE OF ACTION 18 Violations of the Consumers Legal Remedies Act, Civil Code § 1750, et seq. 19 (As to Dealer and Does 1-75) 20 17. Plaintiff incorporates herein each and every allegation set forth above. 21 18. The Vehicle constitutes “goods” bought for use primarily for personal, family, or 22 household purposes pursuant to Civil Code § 1761(a). 23 19. Dealer is a “person” pursuant to Civil Code § 1761(c). 24 20. Plaintiff is a “consumer” pursuant to Civil Code § 1761(d). 25 21. The advertisement and sale of the Vehicle to Plaintiff are “transactions” pursuant to Civil 26 Code § 1761(e). 27 22. Pursuant to the Consumers Legal Remedies Act (“CLRA”), Civil Code § 1770(a), the 28 following unfair methods of competition and unfair or deceptive acts or practices are prohibited: 3 Complaint

PDF Page 5	1 (5) representing that goods have sponsorship, approval, characteristics, uses, or benefits, which they do 2 not have; (6) representing that goods are original or new if they have deteriorated unreasonably or are 3 altered, reconditioned, reclaimed, used, or secondhand; (7) representing that goods are of a particular 4 standard, quality, or grade, or that goods are of a particular style or model, if they are of another; 5 (9) advertising goods with intent not to sell them as advertised; (14) representing that a transaction 6 confers or involves rights, remedies, or obligations which it does not have or involve, or which are 7 prohibited by law; and (16) representing that the subject of a transaction has been supplied in accordance 8 with a previous representation when it has not. 9 23. Dealer violated the CLRA by, at a minimum: (1) misrepresenting the condition of the 10 Vehicle; (2) representing the Vehicle was new, when it had deteriorated unreasonably, been altered, 11 and/or been reconditioned; (3) representing the Vehicle was new, when it had been repaired; 12 (4) representing the Vehicle was new, when it had been damaged; (5) representing the Vehicle was new, 13 when it had unrepaired damage; (6) concealing the damage to the Vehicle; and (7) concealing the 14 condition of the Vehicle. 15 24. Plaintiff mailed, via certified and regular mail, a notice of violations of the CLRA and 16 demand for relief under the CLRA. 17 25. Plaintiff has been harmed by Dealer’s violations of the CLRA. 18 26. At this time, Plaintiff does not seek “damages” under Civil Code § 1780. The CLRA 19 provides that a complaint for violations may be amended without leave of court should the violations not 20 be remedied within 30 days to add a prayer for damages. Should the violations complained of herein not 21 be remedied within the requisite time frame, Plaintiff will amend the Complaint to seek all available relief 22 under the CLRA. 23 27. Civil Code § 1780(a)(2) provides that a consumer is entitled to an injunction prohibiting 24 acts or practices that violate the CLRA. Plaintiff seeks an order enjoining Dealer from the acts, methods, 25 and/or practices set forth above. 26 28. Pursuant to Civil Code § 1780(a)(5), Plaintiff seeks any other relief the Court deems 27 proper. 28 / / / 4 Complaint

PDF Page 6	1 29. Pursuant to Civil Code § 1780(e), Plaintiff seeks recovery of his reasonable attorneys’ 2 fees and costs. 3 SECOND CAUSE OF ACTION 4 Intentional Misrepresentation 5 (As to Dealer and Does 1-75) 6 30. Plaintiff incorporates herein each and every allegation set forth above. 7 31. Prior to the execution of the Contract, at the time the Contract was executed, and 8 afterward, Dealer made the representations of fact to Plaintiff set forth above. 9 32. Prior to the execution of the Contract, at the time the Contract was executed, and 10 afterward, Dealer omitted material facts from the statements it made as set forth above, the disclosure of 11 which were necessary in order to make Dealer’s other statements not misleading. 12 33. Specifically, Dealer represented the following facts were true: the Vehicle was new and 13 original. 14 34. The representations and omissions of material fact made by Dealer were false. 15 35. Dealer knew the representations were false when it made them or made the representations 16 and omissions of material fact recklessly and without regard for their truth. 17 36. Dealer owed a statutory duty to Plaintiff under the Vehicle Code not to make false or 18 misleading statments. 19 37. Dealer intended Plaintiff rely on its representations. 20 38. Plaintiff was unaware of the falsity of the representations or omissions and reasonably 21 relied upon the truth of those representations by purchasing the Vehicle. 22 39. Plaintiff’s reliance on Dealer’s representation was a substantial factor in causing Plaintiff 40. As a direct and proximate result of Dealer’s misrepresentations or omissions of material 23 harm. 24 25 facts, Plaintiff suffered damages, including actual, consequential, and/or incidental damages, according 26 to proof of trial. 27 / / / 28 / / / 5 Complaint

PDF Page 7	1 41. Material facts pertaining to the purchase of the Vehicle were misrepresented, and, 2 therefore, Plaintiff is entitled to rescission of the Contract and restitution in an amount according to proof 3 at trial. 4 42. Dealer’s conduct constitutes conduct that is oppressive, fraudulent, and/or malicious, 5 thereby entitling Plaintiff to punitive damages under Civil Code § 3294. The acts of Dealer’s corporate 6 employees as alleged were authorized or ratified by an officer, director, or managing agent of Dealer. 7 THIRD CAUSE OF ACTION 8 Concealment 9 (As to Dealer and Does 1-75) 10 43. Plaintiff incorporates herein each and every allegation set forth above. 11 44. Dealer concealed various facts from Plaintiff, as set forth above. 12 45. The above facts were material to the transaction and were known exclusively to Dealer. 13 46. Dealer knew or reasonably should have known the above facts were not known or 14 reasonably discoverable by Plaintiff. 15 47. Further, the disclosure of the above facts was necessary to prevent other statements by 16 Dealer from being misleading. 17 48. Dealer thus had a duty to disclose the above facts to Plaintiff. 18 49. Dealer intended to deceive Plaintiff by concealing the above facts. 19 50. Had the above facts been disclosed to Plaintiff, Plaintiff reasonably would have behaved 20 differently. 21 51. The concealment of the above facts by Dealer was a substantial factor in causing 22 Plaintiff’s harm. 23 52. As a direct and proximate result of Dealer’s concealment of material facts, Plaintiff 24 suffered damages, including actual, incidental, and consequential damages. 25 53. Plaintiff is entitled to rescission of the Contract and restitution. 26 54. The acts of Dealer’s employees were authorized or ratified by an officer, director, or 27 managing agent of Dealer. 28 / / / 6 Complaint

PDF Page 8	1 55. Dealer’s conduct was oppressive, fraudulent, and malicious, thereby entitling Plaintiff to 2 punitive damages under Civil Code section 3294. 3 FOURTH CAUSE OF ACTION 4 Negligent Misrepresentation 5 (As to Dealer and Does 1-75) 6 56. Plaintiff incorporates by reference each and every allegation set forth above. 7 57. Prior to the execution of the Contract, at the time the Contract was executed, and 8 afterward, Dealer made misrepresentations of fact as set forth above. 9 58. Prior to the execution of the Contract, at the time the Contract was executed, and 10 afterward, Dealer omitted material facts from statements it made as set forth above, the disclosure of 11 which were required by law. 12 59. Specifically, Dealer made the following misrepresentations to Plaintiff: 13 (1) misrepresenting the condition of the Vehicle; (2) representing the Vehicle was new, when it had 14 deteriorated unreasonably, been altered, and/or been reconditioned; (3) representing the Vehicle was new, 15 when it had been repaired; (4) representing the Vehicle was new, when it had been damaged; 16 (5) representing the Vehicle was new, when it had unrepaired damage; (6) concealing the damage to the 17 Vehicle; and (7) concealing the condition of the Vehicle. 18 60. The representations by Dealer were not true. 19 61. Regardless of its actual belief, Dealer made the representations without any reasonable 20 grounds for believing them to be true when it made them. 21 62. Dealer intended Plaintiff rely on its representations. 22 63. Dealer had a statutory duty under the Vehicle Code not to make false or misleading 23 statements to Plaintiff. Dealer failed to exercise due care in ascertaining the accuracy of the 24 representations about the Vehicle made to Plaintiff. 25 64. Plaintiff reasonably relied upon Dealer’s representations and acted in reliance thereon by 26 purchasing the Vehicle. 27 65. Plaintiff was unaware of the falsity of the representations and acted in reliance upon the 28 truth of those representations and was justified in relying upon those representations. 7 Complaint

PDF Page 9	1 66. As a direct and proximate result of Dealer’s negligent misrepresentations of material fact, 2 Plaintiff suffered damages, including all actual, consequential, and incidental damages according to proof 3 at trial. Plaintiff’s reliance on Dealer’s representations were a substantial factor in causing Plaintiff’s 4 harm. 5 67. Plaintiff was fraudulently induced to enter into the Contract and, therefore, is entitled to 6 rescission and/or restitution in an amount according to proof at trial, including all actual, consequential, 7 and incidental damages. 8 FIFTH CAUSE OF ACTION 9 Breach of the Implied Warranty of Merchantability, Civil Code § 1794 10 (As to Dealer and Does 1-75) 11 68. Plaintiff incorporates herein each and every allegation set forth above. 12 69. In connection with the purchase, Plaintiff received an express written warranty in which 13 Dealer undertook to preserve or maintain the utility or performance of the Vehicle or to provide 14 compensation if there is a failure in utility or performance for a specified period of time. The warranty 15 provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty 16 period, Plaintiff could deliver the Vehicle for repair services to Dealer or Dealer’s representative and the 17 Vehicle would be repaired. 18 70. During the warranty period, the Vehicle contained or developed various defects, including 19 but not limited to the problems with the Vehicle listed above. 20 71. Pursuant to Civil Code §§ 1791.1 and 1792, the sale of the Vehicle was accompanied by 21 Dealer’s implied warranty of merchantability. The duration of the implied warranty is coextensive in 22 duration with the duration of the express written warranty provided by Dealer. 23 72. The implied warranty of merchantability means and includes that the Vehicle will comply 24 with each of the following requirements: (1) the Vehicle will pass without objection in the trade under 25 the contract description; (2) the Vehicle is fit for the ordinary purposes for which such goods are used; 26 (3) the Vehicle is adequately contained, packaged, and labeled; and (4) the Vehicle will conform to the 27 promises or affirmations of fact made on the container or label. 28 / / / 8 Complaint

PDF Page 10	1 73. During the time period in which the implied warranty was in effect, the Vehicle contained 2 or developed the defects stated above. The existence of each of these defects constitutes a breach of the 3 implied warranty because the Vehicle (1) does not pass without objection in the trade under the contract 4 description, (2) is not fit for the ordinary purposes for which such goods are used, (3) was not adequately 5 labeled, and/or (4) does not conform to the promises or affirmations of fact made on the label. 6 74. Plaintiff rightfully rejected and/or justifiably revoked acceptance of the Vehicle and has 7 exercised a right to cancel the sale. By serving this Complaint, Plaintiff does so again. Accordingly, 8 Plaintiff seeks the remedies provided in Civil Code section 1794(b)(1), including return of the entire 9 purchase price. In the alternative, Plaintiff seeks the remedies set forth in Civil Code section 1794(b)(2), 10 including the diminution in value of the Vehicle resulting from its defects. Plaintiff believes that, at the 11 present time, the Vehicle’s value is de minimis. 12 75. Plaintiff has been damaged by Dealer’s failure to comply with its obligations under the 13 implied warranty, and therefore brings this claim pursuant to Civil Code § 1794. 14 76. Plaintiff is entitled to all incidental and consequential damages resulting from Dealer’s 15 failure to comply with its obligations under the Song-Beverly Act. 16 77. Plaintiff is entitled under the Song-Beverly Act to recover as part of the judgment a sum 17 equal to the aggregate amount of costs and expenses, including attorney’s fees, reasonably incurred in 18 connection with the commencement and prosecution of this action. 19 SIXTH CAUSE OF ACTION 20 Violations of the Unfair Competition Law, Business & Professions Code § 17200, et seq. 21 (As to Dealer and Does 1-75) 22 78. Plaintiff incorporates by reference each and every allegation set forth above. 23 79. Dealer committed acts in violation of the Unfair Competition Law (“UCL”), as defined 24 by Business and Professions Code § 17200, et seq., as set forth more fully above. Dealer engaged in a 25 course of conduct of systematically violating the consumer laws in this State prohibiting the commitment 26 of deceptive practices, including the laws of fraud and deceit, and the various prohibitions contained in 27 the CLRA, the Song-Beverly Act, the Commercial Code, and the Vehicle Code. 28 / / / 9 Complaint

PDF Page 11	1 80. The harm to Plaintiff outweighs the utility of Dealer’s policies and/or practices 2 particularly considering the available alternatives, in that Dealer’s policies and/or practices are immoral, 3 unscrupulous, unethical, and/or against public policy. Dealer’s policies and/or practices consequently 4 constitute an “unfair” business act or practice within the meaning of the UCL. 5 81. Dealer’s deceptive policies and/or practices as set forth above also are likely to and/or 6 have deceived Plaintiff. Thus, Dealer also engaged in “fraudulent” business practices. 7 82. Dealer violated the UCL by, at a minimum: (1) misrepresenting the condition of the 8 Vehicle; (2) representing the Vehicle was new, when it had deteriorated unreasonably, altered, and/or 9 reconditioned; (3) representing the Vehicle was new, when it had been repaired; (4) representing the 10 Vehicle was new, when it had been damaged; (5) representing the Vehicle was new, when it had 11 unrepaired damage; (6) concealing the damage to the Vehicle; (7) concealing the condition of the 12 Vehicle; (8) violating the CLRA; (9) violating the Song-Beverly Act; (10) violating the Commercial 13 Code; and (11) violating the Vehicle Code. 14 83. Plaintiff lost money and suffered injury in fact as a result of Dealer’s illegal conduct. 15 84. Dealer engaged in, and continues to engage in, the same form of deceptive acts and/or 16 practices. 17 85. Dealer’s unlawful, unfair, and/or fraudulent business practices present a continuing threat 18 to Plaintiff and/or others in that Dealer will continue utilizing similar policies and/or practices. 19 86. Business and Professions Code § 17203 provides that Plaintiff is entitled to an order 20 enjoining Dealer from engaging in acts or practices that violate Business and Professions Code § 17200, 21 as well as providing for equitable monetary relief so as to preclude the retention of all ill-gotten monies 22 by Dealer or so as to restore any monies wrongfully obtained by Dealer to Plaintiff. Plaintiff seeks such 23 equitable monetary relief, and an order enjoining Dealer from engaging in the acts and/or practices set 24 forth above, imposing an asset freeze or constructive trust over such monies as the Court deems 25 appropriate, as well as compelling a corrective informational campaign to correct the misperceptions in 26 the marketplace created by such conduct. 27 / / / 28 / / / 10 Complaint

PDF Page 12	1 SEVENTH CAUSE OF ACTION 2 Violation of Vehicle Code § 11711 3 (As to Harco National Insurance Company and Does 71-75) 4 87. Plaintiff incorporates herein each and every allegation set forth above. 5 88. As a condition of obtaining a license from the California DMV to sell vehicles, Dealer 6 was required by Vehicle Code § 11710 to obtain, and did obtain, a surety bond in the amount of $50,000 7 from Harco National Insurance Company. 8 89. Harco National Insurance Company issued Bond No. Bond # 0729881 effective 9 September 7, 2017, to Dealer to fulfill its obligations under Vehicle Code § 11710. The bond issued to 10 Dealer was in effect on the date of the incidents alleged above. 11 90. Pursuant to Vehicle Code § 11710(a), the bond was issued to Dealer and made payable to 12 “a purchaser” in the case of “fraud” by Dealer. 13 91. Plaintiff is a purchaser within the meaning of Vehicle Code § 11710(a). Fraud, as that 14 term is used in Vehicle Code § 11710(a), is the same fraud as commonly defined in the law, including 15 fraud as defined in Civil Code §§ 1571, 1572, and 1573 and Vehicle Code § 11710(a). See Beverly 16 Finance Co. v. Sentry Select Insurance Company Casualty Co. of Reading (1969) 273 Cal.App.2d 259. 17 92. Dealer committed fraud within the meaning of Civil Code §§ 1571, 1572, and 1573 and 18 Vehicle Code §§ 11710(a) and 11711(a)(1). 19 93. Vehicle Code § 11711(a) provides a consumer with a cause of action against the surety 20 company if a dealership committed fraud. Dealer committed fraud in the sale of the vehicle by: 21 (1) misrepresenting the condition of the Vehicle; (2) representing the Vehicle was new, when it had 22 deteriorated unreasonably, been altered, and/or been reconditioned; (3) representing the Vehicle was new, 23 when it had been repaired; (4) representing the Vehicle was new, when it had been damaged; 24 (5) representing the Vehicle was new, when it had unrepaired damage; (6) concealing the damage to the 25 Vehicle; and (7) concealing the condition of the Vehicle. 26 94. Dealer’s fraud was committed by salesmen or persons acting within the scope of their 27 employment. 28 / / / 11 Complaint

PDF Page 13	1 95. Plaintiff has possession of a written instrument furnished by Dealer, containing stipulated 2 provisions and guarantees which Plaintiff believes have been violated by Dealer. 3 96. Harco National Insurance Company is liable under the bond to Plaintiff, based on the 4 fraud of Dealer, in the amount of the purchase price of the vehicle, or such other sum as is established at 5 the time of trial, according to proof. 6 7 PRAYER FOR RELIEF Accordingly, Plaintiff prays for judgment as follows and as permitted as to each cause of action: 8 1. for rescission of the Contract in the amount of $64,963.33; 9 2. for restitution in the amount of $64,963.33; 10 3. for actual damages in the amount of $64,963.33; 11 4. for incidental and consequential damages in the amount of $7,500.00; 12 5. for punitive damages where available; 13 6. no request for damages is made under the CLRA until such time as the CLRA 14 15 cause of action is amended to add damages; 7. 16 17 no request for punitive damages is made as to Harco National Insurance Company; 8. 18 for the equitable and injunctive relief permitted under Civil Code §§ 1780 and 1794 and Business & Professions Code § 17200; 19 9. for pre-judgment interest at the legal and/or contract rate; 20 10. for reasonable attorneys’ fees and costs of suit as permitted by law (including, but 21 not limited to, Civil Code §§ 1780(e) and 1794(d), Code of Civil Procedure 22 § 1021.5, and the bond company claims); 23 11. 24 25 26 relief under Business & Professions Code § 17200 as limited as provided by law; and 12. for such other and further relief as the Court deems just and proper under the circumstances. 27 / / / 28 / / / 12 Complaint

PDF Page 14	1 Dated: June 14, 2023 AUTO FRAUD LEGAL CENTER LLP 2 3 4 By: _________________________ Christopher P. Barry Attorneys for Plaintiff 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 Complaint

PDF Page 15	EXHIBIT 1

PDF Page 16	Serial: Reservation RN118495573 T = 5 Lom Motor Vehicle Purchase Agreement Vehicle Configuration Customer Information Description Total in USD David Fleron Hurwitz Model Y Performance Dual Motor All-Wheel Drive $17,000.00 Dual Motor All-Wheel Drive $0.00 RCH CUCAMONGA, CA 91739 Five Seat Interior $0.00 9499227834 All Black Premium Interior $0.00 dfhurwitz@yahoo.com Midnight Silver Metallic Paint $1,000.00 21” Uberturbine Wheels $0.00 VIN 7SAYGDEF1PF702149 Autopilot $0.00 Reservation RN118495573 Model Y $39,990.00 Premium Interior $0.00 Order Fee $250.00 Supercharger Network Access + Pay-as-you-go $0.00 Payment Carbon Fiber Spoiler $0.00 Poyirert Fee $0.00 Performance Pedals $0.00 Order Deposit $0.00 Performance Upgrade $0.00 Accepted by 01/30/2023 Performance Brakes $0.00 Customer on Subtotal $57,990.00 Odometer s Destination Fee $1,390.00 Order Fee $250.00 eng youene ted eorene tinclude taxes Transportation Fee Cif applicable) $0.00 sas Wal oo rosoomsicle. for genes Carrier Direct Fee Cif applicable) $0.00 additional taxes and fees. Order Modification Fee Cif applicable) $0.00 Total $59,630.00 Motor Vehicle Purchase Agreement, Vehicle Configuration Page 1 of 1 Tesla, Inc. ©2021

PDF Page 17	THES5LGA Motor Vehicle Purchase Agreement Final Price Sheet DATE OF AGREEMENT 03/12/2023 BUYER’S AND CO-BUYER’S NAME AND ADDRESS: SELLER’S NAME AND ADDRESs: David Fleron Hurwitz Tesla Motors Inc. Po 45500 Fremont Blvd RCH CUCAMONGA, CA 91739 Fremont, CA 94538 New/Used Year Make Model Style Vehicle Identification Number Odometer New 2023 TESLA Model Y UT 7SAYGDEFIPF702149 15 1. Total Vehicle Price A. Cash price of motor vehicle, options, accessories and fees. (See attached Vehicle Configuration for itemization.) $ 59,630.00 (A) B. Other: N/A $ 0.00 (B) Cc. Other: N/A $ 0.00 (C) Total Vehicle Price (A through C) $ 59,630.00 (1) 2. Tax Calculation A. Trade-in tax credit (if applicable) $ 0.00 (A) B. Taxable Fees Cif applicable) $ 0.00 (B) C. Subtotal of Taxable Items $ 59,630.00 (C) D. Sales Tax $ 4,621.33 (2D) E. Other: N/A $ 0.00 (2E) Total Cash Price (1 plus 2D and 2E) $ 64,251.33 (2) 3. Amounts Paid to Government Agencies* A. Registration/Transfer/Titling Fees $ 288.00 (A) B. License Fee Cif applicable) $ 386.00 (B) C. Tire Fee Cif applicable) $ 7.00 (C) D. Battery Fee Cif applicable) $ 0.00 (D) E. Other Fee(s): Electronic Filing Fee $ 31.00 (E) F. Other Fee(s): N/A $ 0.00 (F) G. Other Fee(s): N/A $ 0.00 (G) Total Government Fees (A through G) $ 712.00 (3) 4. Subtotal (2 plus 3) $ 64,963.33 (4) 5. Total Credits A. Deposit $ 0.00 (A) B. Order Fee Payment $ 250.00 (B) C. Transport Fee Payment (if applicable) $ 0.00 (C) D. Financed Amount: SchoolsFirst FCU $ 64,713.33 (D) E. EV Incentive Cif applicable) $ 0.00 (E) F. Trade in value applied to purchase Cif applicable) $ 0.00 (F) G. Customer downpayment $ 0.00 (G) Total Credits (A through G) $ 64,963.53 (5) 6. Amount Due from Buyer (4 through 5) $ 0.00 (6) *Seller may retain or receive part of the amounts paid to others. Auto Broker Fee: This transaction is not subject to a fee received by an auto broker from Seller unless this box is checked: OO If checked, name of auto broker receiving fee: n/a Motor Vehicle Purchase Agreement - Final Price Sheet (v. 20210402)) Tesla, Inc. ©2021 Page 1 of 1

PDF Page 18	a Motor Vehicle Order Agreement Terms & Conditions Documentation. Your Motor Vehicle Order Agreement (the “Agreement”) is made up of the following documents: 1. Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including pricing (excluding taxes and official or government fees). 2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your final Vehicle Configuration and will include taxes and official or governmental fees. 3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”). Agreement to Purchase. You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Tesla, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Tesla representative. Options, features or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage. Purchase Price, Taxes and Official Fees. The purchase price of the Vehicle is indicated in your Vehicle Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase price. Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If Tesla is registering your Vehicle, this will be due when you pay the purchase price. If you are registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer. If you are purchasing a used Vehicle, your Order Deposit will be applied to your Purchase Price. Order Process; Cancellation; Changes. After you submit your completed order, we will begin the process of preparing and coordinating your Vehicle delivery. At this point, you agree that any paid Order Fee, Order Deposit and Transportation fee have been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages the Order Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this Agreement. The Order Fee, Order Deposit, Transportation Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract. Delivery; Transfer of Title. If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Tesla Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within three (3) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers. For new vehicles, if you do not take delivery within fourteen (14) days of our first attempt to notify you, Tesla may cancel your order and keep your Order Fee. If you wish to pick up your Vehicle in a state where we are not licensed to sell the Vehicle, or if you and Tesla otherwise agree, Tesla will, on your behalf and at your cost, coordinate the shipment of your Vehicle to you, generally from our factory in California or another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Tesla will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. You agree that delivery of the Vehicle, including the transfer of title and risk of loss to you, will occur at the time your Vehicle is loaded onto the transport (i.e., FOB shipping point). During such transit, your Vehicle will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment Motor Vehicle Order Agreement (US v.20230201) Page 1 of 5 Tesla, Inc. ©2023

PDF Page 19	a supplied to the Vehicle. Any connectivity issues (including for quality, functionality or coverage) or gaps in service unrelated to a hardware fault or failure are not covered by Tesla warranties. Obsolete Hardware and Future Firmware Updates. The Vehicle will regularly receive over-the-air software updates that add new features and enhance existing ones over Wi-Fi. Future software updates may not be provided for your Vehicle, or may not include all existing or new features or functionality, due to your Vehicle’s age, configuration, data storage capacity or parts, after the expiration of your Warranty. We are not liable for any parts or labor or any other cost needed to update or retrofit the Vehicle so that it may receive these updates, or any Vehicle issues occurring after the installation of any software updates due to obsolete, malfunctioning (except as covered by your Warranty) or damaged hardware. Privacy Policy; Payment Terms for Services; Supercharger Fair Use Policy. Tesla’s Customer Privacy Policy; Payment Terms for Services and Supercharger Fair Use Policy are incorporated into this Agreement and can be viewed at www.tesla.com/about/legal. Warranty. You will receive access to the Tesla New Vehicle Limited Warranty or the Tesla Used Vehicle Limited Warranty, as applicable, at or prior to the time of Vehicle delivery or pickup. The warranty version applicable to your Vehicle is that which was in effect when the Vehicle was first delivered or picked up from Tesla directly, including by any previous owners. You may also obtain a written copy of your warranty from us upon request and view the current version at our website. Limitation of Liability. We are not liable for any general, incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee, Order Deposit and Transportation Fee. No Resellers; Discontinuation; Cancellation. Tesla and its affiliates sell cars directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith, and we'll keep your Order Fee, Order Deposit and Transportation Fee. This includes orders for which a third-party is facilitating or brokering the sale, or if the vehicles are to be exported to somewhere other than where you tell us you will be registering the Vehicle. We may also cancel your order and refund your Order Fee, Order Deposit and Transportation Fee if we discontinue or never release a product, feature or option after the time you place your order. We work to fulfill your order as quickly as we can. If you become unresponsive to us or fail to complete a requested action to progress towards delivery of your Vehicle, we may cancel your order and keep your Order Fee, Order Deposit and Transportation Fee. Alternatively, Tesla may give you the option to reconfigure your Vehicle at the current pricing. Default and Remedies. You will be in default of this Agreement if you provide false or misleading information in your order, or do anything else the law says is a default. If you are in default, we may, after any legally required notice or waiting period: (i) do anything to protect our interest in the Vehicle, including repossessing the Vehicle using legally permitted means, (ii) locate and disable the Vehicle electronically using our remote dynamic vehicle connection described in our Privacy Policy, (iii) sue you for damages or to get the Vehicle back, and/or (iv) charge you for amounts we spend taking these actions. Waiver. Any delay or failure of a party to enforce any of the provisions of this Agreement, including but not limited to any remedies listed in this Agreement, or to require performance by the other party of any of the provisions of this Agreement, shall not be construed to: (i) be a waiver of such provisions or a party’s right to enforce that provision; or (ii) affect the validity of this Agreement. Governing Law; Integration; Assignment. Except as provided below, the terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell motor vehicles that is nearest to your address indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities. State-Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions attachment to this Agreement. This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement. Motor Vehicle Order Agreement (US v.20230201) Page 3 of 5 Tesla, Inc. ©2023

PDF Page 20	\| oe For VIRGINIA residents: IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO IA RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A FINANCE PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER'S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THE VEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY IDDOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOES NOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN THE DEALER GETS THE VEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR, THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMER PROTECTION ACT. Motor Vehicle Order Agreement (US v.20230201) Page 5 of 5 Tesla, Inc. ©2023

PDF Page 21	T = & Ler Payment Instructions Electronic Check The easiest way to pay for your Model Y is by electronic check, also known as ACH. Prior to delivery, you will be invited by email to make your payment on our website. To make a payment now, please sign in to your My Tesla account at this web address: https:/www.tesla.com/teslaaccount Mailed Cashier's Check If you are planning to mail a cashier’s check for final payment, please make payable to Tesla, Inc. and send it to the following address: Attn: Funding Team 45500 Fremont Blvd Fremont, CA 94538 Wire Transfer Please include your name and your order number (RN118495573) when paying by wire transfer. Bank Name Wells Fargo Bank, N.A. Bank Address 420 Montgomery San Francisco, CA 94104 Account Name Tesla Motors Inc. Account # 83231814118495573 ABA/Routing # 121000248 Note Your name, RN118495573 Please note: If you are sending a wire from Bank of America, you must use this account number: 4000118323

HURWITZ v. TESLA MOTORS, INC., et al. Document 1: Document