Bharat Patel and Binal Patel have filed a complaint against General Motors, LLC, alleging violations of the Song-Beverly Consumer Warranty Act. The complaint was filed on May 29, 2024, in the Superior Court of California, County of Santa Clara.
According to the plaintiffs, Bharat Patel and Binal Patel, residents of Mountain House in San Joaquin County, they acquired a 2021 Chevrolet Bolt on April 23, 2021. They allege that General Motors failed to conform the vehicle to express written warranties within a reasonable number of repair attempts or warranty periods. The plaintiffs assert that this failure substantially impaired the use, value, and safety of the vehicle.
The complaint states that General Motors is registered to do business in California and is considered a "warrantor" under Cal. Civ. Code § 1795. The plaintiffs claim that despite multiple attempts to repair defects at authorized facilities, the vehicle continued to exhibit malfunctions and nonconformities. These issues led them to seek restitution for the purchase price and additional damages.
The plaintiffs are seeking several forms of relief from the court. They request a declaration that their sales contract be rescinded and assert that General Motors had ample opportunity to make necessary repairs but failed to do so. They are asking for actual damages amounting to $36,834.50 along with consequential and incidental damages according to proof at trial. Additionally, they seek civil penalties under the Song-Beverly Act amounting to twice their actual damages due to what they describe as willful non-compliance by General Motors.
In their second cause of action for breach of implied warranty under the Song-Beverly Act, Bharat Patel and Binal Patel argue that General Motors breached its implied warranty of merchantability as stated in Cal. Civ. Code §§ 1791.1 and 1792 by selling a vehicle unfit for ordinary purposes and not passing without objection in trade.
They also seek attorney’s fees as stipulated under Cal. Civ. Code §1794(d), prejudgment interest at the highest legal rate, costs incurred during litigation, and an order requiring General Motors to account for all monies received through practices deemed unfair competition pursuant to Cal. Bus & Prof Code §17200 et seq.
The case is being handled by attorneys Neal F. Morrow III (SBN 295497), Rene J. Dupart (SBN 289956), Joseph D. Steward III (SBN 337385), and Michael J Avila (SBN 337521) from MES Legal Inc., based in Long Beach, CA.