A recent court filing has brought to light serious allegations against a major automotive manufacturer, raising questions about consumer rights and corporate responsibility. On June 17, 2024, plaintiffs Jose Armando Hernandez Ochoa and Jose Manuel Orozco Juarez filed a complaint in the Superior Court of California, County of Santa Clara, against General Motors, LLC.
The plaintiffs allege that they purchased a 2022 GMC Sierra on March 6, 2023, which soon exhibited significant defects. According to the complaint, these defects were not rectified despite multiple repair attempts by authorized facilities. The plaintiffs argue that General Motors violated the Song-Beverly Consumer Warranty Act by failing to honor express warranties and provide a vehicle free from substantial impairments in use, value, or safety.
"Plaintiffs are 'buyers' as defined by Cal. Civ. Code § 1791(b)," states the complaint. It further describes the vehicle as a "consumer good" under Cal. Civ. Code § 1791(a) and General Motors as a "warrantor" per Cal. Civ. Code § 1795. The plaintiffs claim that General Motors did not conform the vehicle to written warranties within a reasonable number of repair attempts or warranty periods and failed to replace the vehicle or offer restitution promptly.
The complaint highlights various legal violations and seeks multiple forms of relief from the court. Among these are declarations rescinding the sales contract and confirming that General Motors had ample opportunity for repairs but failed to meet their obligations. Additionally, the plaintiffs seek actual damages amounting to $54,345 according to proof at trial, consequential and incidental damages, restitution of all payments made towards the vehicle, civil penalties amounting to twice their actual damages under the Song-Beverly Act, reasonable attorney’s fees as per statute and contract terms, prejudgment interest at the highest legal rate, temporary restraining orders or preliminary injunctions against further unfair practices by General Motors.
The filing also requests an order mandating General Motors account for all monies received through what is described as unfair competition practices under California Business & Professions Code §17200 et seq., along with an injunction against any future such acts.
Representing the plaintiffs are attorneys Neal F. Morrow III (SBN 295497) and Michael J. Avila (SBN 337521) from MES Legal Inc., based in Long Beach, CA. The case has been assigned Case No.: 24C0V441323 and will be presided over by judges from the Superior Court of California in Santa Clara County.