Sarah Johnson vs. Volvo Car USA LLC

2. Defendant VOLVO CAR USA LLC is and was a Delaware limited liability company registered to do business in the State of California with its registered office in the City of Glendale, County of Los Angeles, State of California.

3. This cause of action arises out of the breach of warranty of the vehicle in question, which occurred in the City of Walnut Creek, County of Contra Costa, State of California.

4. Plaintiff does not know the true names and capacities, whether corporate, partnership, associate, individual or otherwise of Defendant issued herein as Does 1 through 10, inclusive, under the provisions of section 474 of the California Code of Civil Procedure. Defendants Does 1 through 10, inclusive, are in some manner responsible for the acts, occurrences and transactions set forth herein, and are legally liable to Plaintiff. Plaintiff will seek leave to amend this Complaint to set forth the true names and capacities of the fictitiously named Defendants together with appropriate charging allegations when ascertained.

5. All acts of corporate employees as alleged were authorized or ratified by an officer, director or managing agent of the corporate employer.

6. Plaintiff purchased a 2020 Volvo XC60, VIN: YV4BR0DL7L , ("the vehicle").

7. Plaintiff received an express warranty from VOLVO CAR USA LLC, through which VOLVO CAR USA LLC undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or provide compensation if there was a failure in such utility or performance. VOLVO CAR USA LLC provides the same express warranty whether a vehicle is acquired through a cash sale, financed sale, or lease.

8. The vehicle was delivered to Plaintiff with serious defects and nonconformities to warranty and developed other serious defects and nonconformities to warranty including, but not limited to, various electrical, HVAC, and structural defects.

(Violation of the Song-Beverly Consumer Warranty Act)

9. Plaintiff incorporates herein by reference each and every allegation contained in the preceding and succeeding paragraphs as though herein fully restated and realleged.

10. Pursuant to the Song-Beverly Consumer Warranty Act (herein after the "Act") Civil Code section 1790 et seq., the vehicle constitutes "consumer goods" or a "new motor vehicle" and Plaintiff has used the vehicle primarily for those purposes.

11. Plaintiff is a "buyer" of consumer goods under the Act.

12. Defendant VOLVO CAR USA LLC is a "manufacturer" and/or "distributor" under the Act.

13. Plaintiff received an implied warranty from VOLVO CAR USA LLC that the vehicle was merchantable. Plaintiff also received an implied warranty of fitness from defendant.

14. The foregoing defects and nonconformities to warranty manifested themselves within the applicable express warranty period. The nonconformities substantially impair the use, value and/or safety of the vehicle.

15. Plaintiff delivered the vehicle to VOLVO CAR USA LLC authorized repair facilities for repair of the nonconformities on numerous occasions.

16. Defendants were unable to conform Plaintiff's vehicle to the applicable express and implied warranties after a reasonable number of attempts.

17. The defects and nonconformities rendered the vehicle unmerchantable.

18. Notwithstanding Plaintiff's entitlement, Defendant manufacturer has failed to either promptly replace the new motor vehicle or promptly make restitution in accordance with the Song-Beverly Consumer Warranty Act.

19. By failure of Defendants to remedy the defects as alleged above, or to issue a refund or replacement, Defendants are in breach of their obligations under the Act.

20. Plaintiff is entitled to justifiably revoke acceptance of the vehicle under the Act.

21. Under the Act, Plaintiff is entitled to reimbursement of the purchase price paid for the vehicle less that amount directly attributable to use by the Plaintiff prior to discovery of the nonconformities.

22. Plaintiff is entitled to all incidental, consequential and general damages resulting from Defendants' failure to comply with their obligations under the Act.