SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF [COUNTY]

[PLAINTIFF NAME], an individual,
  Plaintiff,

v.

[DEFENDANT MANUFACTURER NAME], a [STATE OF INCORP.] corporation;
[DEFENDANT DEALERSHIP NAME], a [BUSINESS FORM]; and
DOES 1-10, inclusive,
  Defendants.

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Case No.: [_]
COMPLAINT FOR:
1. Breach of Express Warranty—Song-Beverly Consumer Warranty Act
2. Breach of Implied Warranty of Merchantability—Song-Beverly Consumer Warranty Act
3. Violation of Magnuson-Moss Warranty Act
4. Restitution/Replacement under Cal. Civ. Code § 1793.2(d)
DEMAND FOR JURY TRIAL
[Assigned to Hon. _, Dept. __]

TABLE OF CONTENTS

1. INTRODUCTORY ALLEGATIONS
2. JURISDICTION & VENUE
3. PARTIES
4. DEFINITIONS
5. GENERAL FACTUAL ALLEGATIONS
6. FIRST CAUSE OF ACTION
7. SECOND CAUSE OF ACTION
8. THIRD CAUSE OF ACTION
9. FOURTH CAUSE OF ACTION
10. PRAYER FOR RELIEF
11. DEMAND FOR JURY TRIAL
12. VERIFICATION

[// GUIDANCE: Consider filing a Civil Case Cover Sheet (Judicial Council Form CM-010) concurrently with the Complaint.]

1. INTRODUCTORY ALLEGATIONS

1.1 This is an action arising out of Defendants’ failure to conform a new motor vehicle to the express and implied warranties provided under the Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790–1795.8 (“Song-Beverly Act”), and the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312 (“Magnuson-Moss”).

1.2 Plaintiff seeks statutory remedies, including repurchase or replacement of the subject vehicle, incidental and consequential damages, civil penalties, costs, expenses, and reasonable attorneys’ fees.

2. JURISDICTION & VENUE

2.1 This Court has subject-matter jurisdiction under Cal. Const. art. VI, § 10 and Cal. Civ. Code § 1794(a).

2.2 Venue is proper in this County under Cal. Civ. Proc. Code § 395(a) because the transactions and events giving rise to the claims occurred, and Defendants do business, in this County.

[// GUIDANCE: Replace or supplement with specific venue facts—e.g., place of purchase, Plaintiff’s residence, dealership location.]

3. PARTIES

3.1 Plaintiff [PLAINTIFF NAME] is, and at all relevant times was, a resident of the State of California, County of [COUNTY].

3.2 Defendant [DEFENDANT MANUFACTURER NAME] (“Manufacturer”) is a corporation organized under the laws of [STATE] with its principal place of business in [STATE], and is authorized to do business in California.

3.3 Defendant [DEFENDANT DEALERSHIP NAME] (“Dealer”) is a [BUSINESS FORM] duly licensed to sell motor vehicles in California.

3.4 Plaintiff is ignorant of the true names and capacities of DOES 1-10 and therefore sues those defendants by fictitious names. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

4. DEFINITIONS

As used in this Complaint:

“Vehicle” means the [YEAR] [MAKE] [MODEL], Vehicle Identification Number [VIN], purchased by Plaintiff on [DATE].

“Warranty” collectively means all express written warranties issued by Manufacturer (including any powertrain, bumper-to-bumper, and emission warranties) and the implied warranty of merchantability arising under Cal. Civ. Code § 1792.

“Repair Orders” means the written records generated for each presentation of the Vehicle to an authorized service facility for warranty repair.

“Song-Beverly Act” refers to Cal. Civ. Code §§ 1790–1795.8.

“Magnuson-Moss” refers to 15 U.S.C. §§ 2301–2312.

5. GENERAL FACTUAL ALLEGATIONS

5.1 On [DATE], Plaintiff purchased the Vehicle from Dealer for a total purchase price of $[__], inclusive of taxes, fees, and finance charges (the “Purchase Price”).

5.2 The Vehicle was sold with Manufacturer’s written new-car limited warranty for [TERM/MILES] and any additional warranties required by law.

5.3 Within the warranty period, the Vehicle manifested nonconformities to the Warranty, including but not limited to:
 (a) [LIST MAJOR DEFECT 1];
 (b) [LIST MAJOR DEFECT 2]; and
 (c) [LIST MAJOR DEFECT 3].

5.4 Plaintiff delivered the Vehicle for repair on at least [NUMBER] separate occasions, cumulatively leaving the Vehicle out of service for more than [NUMBER] days. Copies of the Repair Orders are attached as Exhibit A.

5.5 Despite these repair attempts, the nonconformities persisted, substantially impairing the Vehicle’s use, value, and safety.

5.6 Plaintiff notified Manufacturer of the defects and requested repurchase or replacement pursuant to Cal. Civ. Code § 1793.2(d)(2). Manufacturer refused and/or failed to comply.

5.7 To the extent Manufacturer maintained a qualified arbitration program under 16 C.F.R. pt. 703, Plaintiff [HAS EXHAUSTED / WAS NOT REQUIRED TO EXHAUST] such procedures.

[// GUIDANCE: Tailor ¶5.7 to actual facts; although California does not mandate arbitration, exhaustion can affect recovery of civil penalties.]

6. FIRST CAUSE OF ACTION

Breach of Express Warranty—Song-Beverly Act
(Against All Defendants)

6.1 Plaintiff incorporates by reference ¶¶1.1–5.7 above as though fully set forth.

6.2 The Vehicle and Warranty are consumer goods and warranties within the meaning of the Song-Beverly Act.

6.3 Defendants failed to conform the Vehicle to the express warranties after a reasonable number of repair attempts.

6.4 Under Cal. Civ. Code § 1793.2(d), Plaintiff is entitled to (a) restitution of the Purchase Price or (b) replacement of the Vehicle at Plaintiff’s election, plus collateral charges, incidental and consequential damages, and reasonable attorneys’ fees and costs under Cal. Civ. Code § 1794(d).

6.5 Defendants’ failure was willful, entitling Plaintiff to a civil penalty up to two times Plaintiff’s actual damages under Cal. Civ. Code § 1794(c).

7. SECOND CAUSE OF ACTION

Breach of Implied Warranty of Merchantability—Song-Beverly Act
(Against Dealer and Manufacturer)

7.1–7.5 [Repeat structure of ¶6.1–6.5, substituting Cal. Civ. Code §§ 1792 and 1791.1 for legal basis.]

8. THIRD CAUSE OF ACTION

Violation of Magnuson-Moss Warranty Act
(Against Manufacturer)

8.1 Plaintiff incorporates ¶¶1.1–7.5.

8.2 Defendant Manufacturer is a “warrantor” under 15 U.S.C. § 2301(5).

8.3 Manufacturer’s breach of warranty violates 15 U.S.C. § 2310(d), entitling Plaintiff to damages, costs, and attorneys’ fees.

9. FOURTH CAUSE OF ACTION

Restitution/Replacement—Cal. Civ. Code § 1793.2(d)
(Against Manufacturer)

9.1–9.4 [Allege entitlement to statutory remedies; reincorporate prior facts.]

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, as follows:

a. Restitution of the Purchase Price, including down payment, finance charges, registration, taxes, and incidental/consequential damages, or, at Plaintiff’s election, replacement of the Vehicle with a new vehicle of equal or greater value;

b. Civil penalty up to two (2) times Plaintiff’s actual damages per Cal. Civ. Code § 1794(c);

c. Actual damages under Magnuson-Moss;

d. Pre- and post-judgment interest as permitted by law;

e. Reasonable attorneys’ fees, costs of suit, and expert witness fees under Cal. Civ. Code § 1794(d) and 15 U.S.C. § 2310(d)(2);

f. An order that total monetary recovery not exceed the Vehicle’s value to the extent required by applicable caps; and

g. Such other and further relief as the Court deems just and proper.

11. DEMAND FOR JURY TRIAL

Pursuant to Cal. Const. art. I, § 16 and Cal. Code Civ. Proc. § 631, Plaintiff respectfully demands a trial by jury on all issues so triable.

12. VERIFICATION

I, [PLAINTIFF NAME], am the Plaintiff in this action. I have read the foregoing Complaint and know the contents thereof. The matters stated therein are true of my own knowledge except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [DATE], at [CITY], California.

[PLAINTIFF NAME]

ATTORNEY SIGNATURE BLOCK

Dated: [DATE]

[LAW FIRM NAME]

By: _____
 [ATTORNEY NAME]
 Attorneys for Plaintiff
 [State Bar No. _]
 [ADDRESS]
 [PHONE] | [EMAIL]

[// GUIDANCE: Include all required attorney certifications—e.g., Cal. R. Ct. 2.251 for e-service consent—when e-filing.]

OPTIONAL EXHIBITS INDEX

1. Exhibit A – Repair Orders
2. Exhibit B – Written Warranty Booklet
3. Exhibit C – Pre-litigation Demand Correspondence

[// GUIDANCE: Exhibits should be consecutively paginated and redacted for personal information per Cal. R. Ct. 1.201.]

PRACTICAL NOTES

1. Statutory Citations:
   • Song-Beverly Consumer Warranty Act, Cal. Civ. Code §§ 1790–1795.8.
   • Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312.
   These are long-standing, widely accepted authorities compliant with the Citation Policy.

2. Arbitration: California does not mandate pre-suit arbitration; nevertheless, pleading exhaustion (or explaining the absence) preserves civil penalty claims and avoids manufacturer motions to stay.

3. Liability Cap Placeholder: Because the metadata specifies a “vehicle_value” cap, sub-paragraph 10.f frames recovery accordingly. Modify or delete to match your client’s strategy.

4. Injunctive Relief: Replacement of the Vehicle is expressly requested under the Prayer for Relief.

5. Service Requirements: After filing, serve via substituted or personal service per Cal. Civ. Proc. Code §§ 415.10–415.40.

6. Civil Penalty Strategy: Include willfulness allegations (¶6.5) and consider evidentiary support (e.g., technical service bulletins) to strengthen penalty claims.

7. Timing: Under Cal. Civ. Code § 1795.8, actions must be commenced within four years of accrual. Confirm limitations before filing.

8. Responsive Pleadings: Defendants have 30 days after service to respond (Cal. Civ. Proc. § 412.20(a)(3)). Calendar accordingly.

[// GUIDANCE: Replace all bracketed placeholders before filing. Conduct a final compliance check against local court rules, including page limits, formatting, and mandatory judicial council forms.]