FRESNO – Two city of Mendota residents allege a vehicle they purchased four years ago is defective and seek a rescission of the purchase contract.
Camilo Ramirez and Miriam Mezade filed a complaint on July 25 in the Fresno County Superior Court against General Motors LLC and Does 1 through 10 over alleged violation of the Song-Beverly Consumer Warranty Act and the Magnuson-Moss Warranty Act.
According to the complaint, on April 16, 2014, the plaintiffs purchased a 2013 Chevrolet Cruz from defendants, which was accompanied with express warranties to preserve or maintain the utility or performance of the vehicle.
However, they allege the vehicle has serious defects and nonconformities to warranty and that despite having the vehicle delivered to authorized repair facilities, the defendants were unable to conform it to the warranties.
The plaintiffs hold General Motors LLC responsible because the defendant allegedly breached the express warranty and implied warranties by failing to repair the defects and nonconformities, or to replace or repurchase the vehicle.
The plaintiffs request a trial by jury and seek judgment for damages, rescission of the purchase contract and restitution of all monies, civil penalty, prejudgment interest, attorney's fees, costs of suit and for such other and further relief as the court deems just and proper. They are represented by Mark Romano, Timothy Whelan and Aliaksandra Valitskaya of Romano Stancroff PC in El Segundo.
Fresno County Superior Court case number 18CECG02732