FRESNO – A Clovis couple alleges a truck they purchased in 2015 is defective and seeks rescission of the purchase contract and restitution.
Richard Esparza and Trudy Esparza filed a complaint on Jan. 17 in the Fresno County Superior Court against General Motors LLC and Does 1 through 10 over alleged violation of the Song-Beverly Act and Magnuson-Moss Warranty Act.
According to the complaint, on Dec. 26, 2015, the plaintiffs purchased a 2015 Chevrolet Silverado accompanied with express warranties which the defendant undertook to preserve or maintain the utility or performance of their vehicle.
The plaintiffs allege when the vehicle was delivered to them, it contained serious defects and nonconformities to warranty that substantially impaired the use, value and safety of the vehicle. Despite delivering the vehicle to authorized repair facilities as advised in the written contract warranties, they allege the vehicle remains defective.
The plaintiffs hold General Motors LLC responsible because the defendant allegedly failed to remedy the defects or to issue a refund or promptly replace a new motor vehicle in accordance with Song-Beverly.
The plaintiffs seek judgment for damages, diminution in value, rescission of the contract, civil penalty, prejudgment interest, attorney's fees, costs of suit and 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 19CECG00231