A recent court filing has put a spotlight on significant allegations against a major automobile manufacturer, with claims that could resonate deeply with consumers and industry insiders alike. On August 7, 2024, Helena Clarkson filed a complaint in the Superior Court of California, County of Santa Clara, against General Motors, LLC. The case accuses the automotive giant of violating the Song-Beverly Consumer Warranty Act through breaches of both express and implied warranties.
The complaint centers around Clarkson's purchase of a 2017 Chevrolet Bolt on April 28, 2017. According to the plaintiff, the vehicle exhibited numerous defects and malfunctions that substantially impaired its use, value, and safety. Despite multiple repair attempts by authorized facilities, General Motors allegedly failed to rectify these issues within the warranty period or provide adequate restitution. Clarkson argues that this failure constitutes a breach of express warranties under California Civil Code §1795.
Clarkson's legal team asserts that she is entitled to various forms of relief due to these violations. They argue that General Motors' actions were willful and carried out with full knowledge of their legal obligations under the warranty act. "Defendants must refund the price of the Vehicle to Plaintiff," states one section of the complaint, citing California Civil Code §1793.2(d). Additionally, Clarkson seeks restitution for actual damages incurred as a result of these alleged violations.
The second cause of action in Clarkson's complaint addresses breaches of implied warranties under the Song-Beverly Act. The plaintiff contends that General Motors failed to ensure that the vehicle was fit for its ordinary purposes and would pass without objection in trade. As such, Clarkson claims entitlement to further restitution and damages according to proof at trial.
In terms of specific relief sought from the court, Clarkson requests several declarations: rescission of the sales contract, acknowledgment that General Motors had ample opportunity for repairs, and confirmation that she is owed actual damages amounting to $47,788.40. Furthermore, she seeks consequential and incidental damages according to proof; civil penalties amounting to twice her actual damages; reasonable attorney’s fees; prejudgment interest at the highest legal rate; temporary restraining orders or preliminary injunctions; costs incurred in connection with this action; an accounting for all monies received by General Motors as a result of unfair competition practices; and an order mandating cessation of such practices.
Representing Helena Clarkson are attorneys Neal F. Morrow III (SBN 295497) and Michael J. Avila (SBN 337521) from MEFS Legal Inc., based in Long Beach, CA. The case has been assigned Case No.: 24CV444738 and will be presided over by Judge J. Nguyen.