FRESNO – A Reedley consumer alleges a vehicle he purchased has defects and seeks rescission of the sales contract.
Pedro Zuniga Gonsalez 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 Consumer Warranty Act.
According to the complaint, on March 3, 2016, Gonsalez purchased a new 2016 GMC Sierra accompanied with express warranties that the defendant undertook to preserve or maintain the utility or performance of the vehicle.
The plaintiff claims when the vehicle was delivered to him, it contained serious defects with the exterior, transmission and electrical system. He alleges the nonconformities to the warranty substantially impair the use, value and safety of the vehicle. Despite delivering the vehicle to authorized repair facilities as advised in the written contract warranties, the plaintiff alleges the vehicle remains defective.
The plaintiff holds General Motors LLC and Does 1 through 10 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 the Song-Beverly Consumer Warranty Act.
The plaintiff requests a trial by jury and seeks judgment for damages, rescission of the purchase contract, civil penalty, prejudgment interest, attorney's fees, costs of suit and for such other and further relief as the court deems just and proper. He is represented by Steve Mikhov and Amy Morse of Knight Law Group LLP in Los Angeles.
Fresno County Superior Court case number 19CECG00235