Page 1
PRESTIGE LEGAL SOLUTIONS, P.C.
Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
6420 Wilshire Blvd., Suite Los Angeles, CA Telephone: (310) 933-Fax: (310) 933-Electronic Service: eservice@plsfirm.com
Attorneys for Plaintiffs,
MATTHEW MYATTHU KHAW AND
ROSY CHAN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
MATTHEW MYATTHU KHAW, an
individual, and ROSY CHAN, an individual,
Hon.
Dept.:
Plaintiffs,
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
vs.
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10, inclusive,
JURY TRIAL DEMANDED
Case No.:
Defendants.
COMPLAINT; JURY TRIAL DEMANDEDPage 2
Plaintiffs Matthew Myatthu Khaw and Rosy Chan (“Plaintiffs”) allege as follows:
PARTIES
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
1.
As used in this Complaint, the word "Plaintiffs” shall refer to Plaintiffs Matthew
Myatthu Khaw and Rosy Chan.
2.
Plaintiffs are, and at all times relevant herein were, residents of Fremont,
California.
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant TESLA
MOTORS, INC.,.
4.
Defendant is, and at all times relevant herein was, a corporation organized under
the laws of the State of Delaware and registered to conduct business in California. At all times
relevant herein, Defendant was engaged in the business of designing, manufacturing,
including but not limited to motor vehicles and motor vehicle components.
5.
Plaintiffs are ignorant of the true names and capacities of the Defendants sued
under the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of
Civil Procedure section 474. When Plaintiffs become aware of the true names and capacities
of the Defendants sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true
names and capacities.
6.
Plaintiffs
hereby
revoke
acceptance
of
their
Tesla
Y,
7SAYGDEE5PF592469 (“Subject Vehicle”).
7.
Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
FIRST CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.
8.
VIN
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
9.
On or around December 10, 2022, Plaintiffs purchased Subject Vehicle. Subject
Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
COMPLAINT; JURY TRIAL DEMANDEDPage 3
1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
10.
household purposes. Plaintiffs purchased Subject Vehicle from a person or entity engaged in
the business of manufacturing, distributing, selling, or leasing consumer goods at retail.
11.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
Plaintiffs purchased and used Subject Vehicle primarily for personal, family, or
When the Subject Vehicle was purchased, Plaintiffs received express written
warranties in which Defendant undertook to preserve or maintain the utility or performance of
Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
specified period of time.
nonconformity developed within Subject Vehicle during the applicable warranty period,
Plaintiffs could deliver Subject Vehicle for repair to Defendant's authorized service and repair
facilities and Subject Vehicle would be repaired.
12.
The warranty provided, in relevant part, that in the event a
During Plaintiffs ownership of Subject Vehicle, the Subject Vehicle manifested
defects covered by Defendant’s express written warranties. These defects include but are not
limited to: electrical, body/trim, axle, suspension, seat, window system defects (Subject
Vehicle’s “defects”). These defects substantially impair the use, value, and/or safety of Subject
Vehicle to Plaintiffs.
13.
Plaintiffs delivered Subject Vehicle to Defendant and/or its authorized service
and repair facilities for diagnosis and repair of the defects.
14.
Defendant and/or its authorized service and repair facilities failed to service or
repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
of opportunities to do so.
15.
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
restitution to Plaintiffs as required by Civil Code section 1793.2(d).
16.
Plaintiffs have been damaged by Defendant's failure to comply with its
obligations under Civil Code section 1793.2(d), and therefore brings this cause of action
pursuant to Civil Code section 1794.
All subsequent references to the Civil Code refer to the California Civil Code.
COMPLAINT; JURY TRIAL DEMANDEDPage 4
1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
and intentionally declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty
of up to two times Plaintiffs’ actual damages, pursuant to Civil Code section 1794(c).
SECOND CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
Defendant's failure to comply with its obligations under Civil Code section
PRESTIGE LEGAL SOLUTIONS, P.C.
17.
18.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
19.
Defendant maintains service and repair facilities and/or designates independent
service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
intended to carry out the terms of Defendant’s express warranties.
20.
Although Plaintiffs presented Subject Vehicle to Defendant's representatives in
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
21.
Although Plaintiffs presented Subject Vehicle to Defendant's representatives in
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiffs did not extend
the time for completion of repairs beyond the requisite thirty days.
22.
Plaintiffs have been damaged by Defendant's and/or its representatives’ failure
to comply with Civil Code section 1793.2(b). Thus, Plaintiffs bring this cause of action pursuant
to Civil Code section 1794.
23.
Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of
Subject Vehicle and have exercised their right to cancel the contract. By serving this Complaint,
Plaintiffs do so again.
24.
Defendant's failure to comply with its obligations under Civil Code section
1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
COMPLAINT; JURY TRIAL DEMANDEDPage 5
and intentionally declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty
of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794(c).
THIRD CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
25.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
26.
In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
available to its authorized service and repair facilities sufficient service literature and/or
replacement parts to effect repairs during the express warranty period.
27.
Plaintiffs have been damaged by Defendant's failure to comply with its
obligations pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action
pursuant to Civil Code section 1794.
28.
Defendant's failure to comply with its obligations under Civil Code section
1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty of two times
Plaintiffs’ actual damages, pursuant to Civil Code section 1794(c).
FOURTH CAUSE OF ACTION
BY PLAINTIFFS AGAINST DEFENDANT
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
(CIV. CODE § 1791.1; § 1794)
29.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
30.
Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
duration of the express written warranty provided by Defendant.
COMPLAINT; JURY TRIAL DEMANDEDPage 6 31.
Due to the aforementioned defects, Subject Vehicle was not of the same quality
as those generally acceptable in the trade; did not pass without objection in the trade; was not
fit for the ordinary purposes for which such goods are used; was not adequately contained,
packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
or label.
32.
Plaintiffs were harmed by the breach of the implied warranty of merchantability.
33.
Defendant's failure to comply with its obligations under the implied warranty
was a substantial factor in causing Plaintiffs’ harm. Thus, Plaintiffs bring this cause of action
pursuant to Civil Code section 1794.
PRAYER
Wherefore, Plaintiffs pray for judgment against Defendant as follows:
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
a. For Plaintiffs’ actual damages in an amount according to proof;
b. For restitution;
c. For a civil penalty in the amount of two times Plaintiffs’ actual damages
pursuant to Civil Code section 1794(c);
d. For any consequential and incidental damages in an amount according to
proof;
e. For remedies authorized by California Commercial Code sections 2711,
2712, and/or 2713;
f. For costs and expenses of the suit, and for Plaintiffs’ reasonable
attorneys’ fees, pursuant to Civil Code section 1794(d);
g. For prejudgment interest at the legal rate; and
h. For such other equitable or legal relief as the Court may deem proper.
///
///
///
///
///
COMPLAINT; JURY TRIAL DEMANDEDPage 7 DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
Dated: June 22,
PRESTIGE LEGAL SOLUTIONS, P.C.
BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiffs,
MATTHEW MYATTHU KHAW AND
ROSY CHAN
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA
PRESTIGE LEGAL SOLUTIONS, P.C.
COMPLAINT; JURY TRIAL DEMANDED
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PRESTIGE LEGAL SOLUTIONS, P.C.
Michelle Yang, Esq. (SBN 325467)
Andrea Plata, Esq. (SBN 343766)
6420 Wilshire Blvd., Suite 200
Los Angeles, CA 90048
Telephone: (310) 933-6626
Fax: (310) 933-5821
Electronic Service: eservice@plsfirm.com
Attorneys for Plaintiffs,
MATTHEW MYATTHU KHAW AND
ROSY CHAN
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF ALAMEDA
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
9
11
MATTHEW MYATTHU KHAW, an
individual, and ROSY CHAN, an individual,
12
13
14
15
Hon.
Dept.:
Plaintiffs,
COMPLAINT FOR VIOLATION OF
STATUTORY OBLIGATIONS
vs.
TESLA MOTORS, INC., a Delaware
corporation, and DOES 1 through 10, inclusive,
JURY TRIAL DEMANDED
16
17
Case No.:
Defendants.
18
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22
23
24
25
26
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COMPLAINT; JURY TRIAL DEMANDED
PDF Page 3
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Plaintiffs Matthew Myatthu Khaw and Rosy Chan (“Plaintiffs”) allege as follows:
PARTIES
2
3
4
5
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
6
1.
As used in this Complaint, the word "Plaintiffs” shall refer to Plaintiffs Matthew
Myatthu Khaw and Rosy Chan.
2.
Plaintiffs are, and at all times relevant herein were, residents of Fremont,
California.
7
3.
As used in this Complaint, the word "Defendant" shall refer to Defendant TESLA
8
MOTORS, INC.,.
9
4.
Defendant is, and at all times relevant herein was, a corporation organized under
10
the laws of the State of Delaware and registered to conduct business in California. At all times
11
relevant herein, Defendant was engaged in the business of designing, manufacturing,
12
assembling, producing, constructing, marketing, distributing, and/or selling consumer goods,
13
including but not limited to motor vehicles and motor vehicle components.
14
5.
Plaintiffs are ignorant of the true names and capacities of the Defendants sued
15
under the fictitious names “DOES 1 to 10”. These Defendants are sued pursuant to Code of
16
Civil Procedure section 474. When Plaintiffs become aware of the true names and capacities
17
of the Defendants sued as DOES 1 to 10, Plaintiffs will amend this Complaint to state their true
18
names and capacities.
19
20
21
6.
Plaintiffs
hereby
revoke
acceptance
of
their
2023
Tesla
Y,
7SAYGDEE5PF592469 (“Subject Vehicle”).
7.
Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
22
FIRST CAUSE OF ACTION
23
BY PLAINTIFFS AGAINST DEFENDANT
24
VIOLATION OF SUBDIVISION (D) OF CIVIL CODE SECTION 1793.2
25
8.
26
27
28
VIN
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
9.
On or around December 10, 2022, Plaintiffs purchased Subject Vehicle. Subject
Vehicle is a new motor vehicle, as the term is defined by California Civil Code section
1
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 4
1
1793.22(e)(2).1 Subject Vehicle was manufactured and/or distributed by Defendant.
10.
2
3
household purposes. Plaintiffs purchased Subject Vehicle from a person or entity engaged in
4
the business of manufacturing, distributing, selling, or leasing consumer goods at retail.
11.
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
5
PRESTIGE LEGAL SOLUTIONS, P.C.
Plaintiffs purchased and used Subject Vehicle primarily for personal, family, or
When the Subject Vehicle was purchased, Plaintiffs received express written
6
warranties in which Defendant undertook to preserve or maintain the utility or performance of
7
Subject Vehicle or to provide compensation if there is a failure in utility or performance for a
8
specified period of time.
9
nonconformity developed within Subject Vehicle during the applicable warranty period,
10
Plaintiffs could deliver Subject Vehicle for repair to Defendant's authorized service and repair
11
facilities and Subject Vehicle would be repaired.
12.
12
The warranty provided, in relevant part, that in the event a
During Plaintiffs ownership of Subject Vehicle, the Subject Vehicle manifested
13
defects covered by Defendant’s express written warranties. These defects include but are not
14
limited to: electrical, body/trim, axle, suspension, seat, window system defects (Subject
15
Vehicle’s “defects”). These defects substantially impair the use, value, and/or safety of Subject
16
Vehicle to Plaintiffs.
13.
17
18
Plaintiffs delivered Subject Vehicle to Defendant and/or its authorized service
and repair facilities for diagnosis and repair of the defects.
14.
19
Defendant and/or its authorized service and repair facilities failed to service or
20
repair Subject Vehicle to conform to the applicable express warranties after a reasonable number
21
of opportunities to do so.
15.
22
23
Despite this fact, Defendant failed to promptly replace Subject Vehicle or make
restitution to Plaintiffs as required by Civil Code section 1793.2(d).
16.
24
Plaintiffs have been damaged by Defendant's failure to comply with its
25
obligations under Civil Code section 1793.2(d), and therefore brings this cause of action
26
pursuant to Civil Code section 1794.
27
28
1
All subsequent references to the Civil Code refer to the California Civil Code.
2
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 5
1
1793.2(d) was willful, in that Defendant and its representatives knew of their legal obligations
3
and intentionally declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty
4
of up to two times Plaintiffs’ actual damages, pursuant to Civil Code section 1794(c).
5
SECOND CAUSE OF ACTION
6
BY PLAINTIFFS AGAINST DEFENDANT
7
VIOLATION OF SUBDIVISION (B) OF CIVIL CODE SECTION 1793.2
9
10
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
Defendant's failure to comply with its obligations under Civil Code section
2
8
PRESTIGE LEGAL SOLUTIONS, P.C.
17.
18.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
19.
Defendant maintains service and repair facilities and/or designates independent
11
service and repair facilities (Defendant’s “representatives”). Defendant’s representatives are
12
intended to carry out the terms of Defendant’s express warranties.
13
20.
Although Plaintiffs presented Subject Vehicle to Defendant's representatives in
14
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to commence
15
repairs within a reasonable time, in violation of Civil Code section 1793.2(b).
16
21.
Although Plaintiffs presented Subject Vehicle to Defendant's representatives in
17
this state for repair of Subject Vehicle, Defendant and/or its representatives failed to complete
18
repairs within thirty days, in violation of Civil Code section 1793.2(b). Plaintiffs did not extend
19
the time for completion of repairs beyond the requisite thirty days.
20
22.
Plaintiffs have been damaged by Defendant's and/or its representatives’ failure
21
to comply with Civil Code section 1793.2(b). Thus, Plaintiffs bring this cause of action pursuant
22
to Civil Code section 1794.
23
23.
Plaintiffs have rightfully rejected and/or justifiably revoked acceptance of
24
Subject Vehicle and have exercised their right to cancel the contract. By serving this Complaint,
25
Plaintiffs do so again.
26
27
24.
Defendant's failure to comply with its obligations under Civil Code section
1793.2(b) was willful, in that Defendant and its representatives knew of their legal obligations
28
3
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 6
1
and intentionally declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty
2
of two times Plaintiffs’ actual damages pursuant to Civil Code section 1794(c).
3
THIRD CAUSE OF ACTION
4
BY PLAINTIFFS AGAINST DEFENDANT
5
VIOLATION OF SUBDIVISION (A)(3) OF CIVIL CODE SECTION 1793.2
6
7
8
9
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
10
25.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
26.
In violation of Civil Code section 1793.2(a)(3), Defendant failed to make
available to its authorized service and repair facilities sufficient service literature and/or
replacement parts to effect repairs during the express warranty period.
27.
Plaintiffs have been damaged by Defendant's failure to comply with its
12
obligations pursuant to Civil Code section 1793.2(a)(3), and therefore brings this cause of action
13
pursuant to Civil Code section 1794.
14
28.
Defendant's failure to comply with its obligations under Civil Code section
15
1793.2(a)(3) was willful, in that Defendant knew of its legal obligations and intentionally
16
declined to follow them. Accordingly, Plaintiffs are entitled to a civil penalty of two times
17
Plaintiffs’ actual damages, pursuant to Civil Code section 1794(c).
18
FOURTH CAUSE OF ACTION
19
BY PLAINTIFFS AGAINST DEFENDANT
20
BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
21
(CIV. CODE § 1791.1; § 1794)
22
23
24
29.
Plaintiffs incorporate by reference the allegations contained in the paragraphs set
forth above.
30.
Pursuant to Civil Code section 1792, the sale of Subject Vehicle was
25
accompanied by Defendant's implied warranty of merchantability. Pursuant to Civil Code
26
section 1791.1(c), the duration of the implied warranty is coextensive in duration with the
27
duration of the express written warranty provided by Defendant.
28
4
COMPLAINT; JURY TRIAL DEMANDED
PDF Page 7
31.
1
Due to the aforementioned defects, Subject Vehicle was not of the same quality
2
as those generally acceptable in the trade; did not pass without objection in the trade; was not
3
fit for the ordinary purposes for which such goods are used; was not adequately contained,
4
packaged, and labeled; and/or did not measure up to the promises or facts stated on the container
5
or label.
6
32.
Plaintiffs were harmed by the breach of the implied warranty of merchantability.
7
33.
Defendant's failure to comply with its obligations under the implied warranty
8
was a substantial factor in causing Plaintiffs’ harm. Thus, Plaintiffs bring this cause of action
9
pursuant to Civil Code section 1794.
PRAYER
Wherefore, Plaintiffs pray for judgment against Defendant as follows:
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
10
12
a. For Plaintiffs’ actual damages in an amount according to proof;
13
b. For restitution;
14
c. For a civil penalty in the amount of two times Plaintiffs’ actual damages
pursuant to Civil Code section 1794(c);
15
d. For any consequential and incidental damages in an amount according to
16
proof;
17
e. For remedies authorized by California Commercial Code sections 2711,
18
2712, and/or 2713;
19
f. For costs and expenses of the suit, and for Plaintiffs’ reasonable
20
attorneys’ fees, pursuant to Civil Code section 1794(d);
21
22
g. For prejudgment interest at the legal rate; and
23
h. For such other equitable or legal relief as the Court may deem proper.
24
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27
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COMPLAINT; JURY TRIAL DEMANDED
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DEMAND FOR JURY TRIAL
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3
Plaintiffs hereby demand a jury trial on all causes of action asserted herein.
Dated: June 22, 2023
PRESTIGE LEGAL SOLUTIONS, P.C.
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BY:
_________________________________
Michelle Yang, Esq.
Andrea Plata, Esq.
Attorneys for Plaintiffs,
MATTHEW MYATTHU KHAW AND
ROSY CHAN
9
11
6420 WILSHIRE BLVD., STE. 200, LOS ANGELES, CA 90048
PRESTIGE LEGAL SOLUTIONS, P.C.
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COMPLAINT; JURY TRIAL DEMANDED