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NORTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

California Resident Sues General Motors Over Alleged Warranty Breaches

State Court
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A California resident has taken legal action against a major automobile manufacturer, alleging serious breaches of warranty laws. On August 16, 2024, Khaled Smaiel Altayib filed a complaint in the Superior Court of California, County of Santa Clara, against General Motors, LLC. The lawsuit claims that the company failed to honor both express and implied warranties under the Song-Beverly Consumer Warranty Act.

The case revolves around a 2019 Chevrolet Bolt that Altayib purchased on April 27, 2019. According to the complaint, the vehicle has been plagued by defects and malfunctions that significantly impair its use, value, and safety. Despite multiple repair attempts at authorized facilities, General Motors allegedly failed to rectify these issues within the warranty period or provide a replacement vehicle or restitution as required by law. "Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the Vehicle to the express written warranties within a reasonable number of repair attempts," states the complaint.

Altayib asserts that he is entitled to various forms of relief due to General Motors' alleged willful non-compliance with warranty obligations. The plaintiff seeks actual damages amounting to $34,375—the purchase price of the vehicle—along with consequential and incidental damages. Additionally, Altayib demands civil penalties amounting to twice his actual damages under Cal. Civ. Code §1794(c), citing General Motors' awareness of the vehicle's defects and their failure to act accordingly.

In addition to monetary compensation, Altayib is asking for attorney’s fees and expenses incurred during this legal battle. He also seeks injunctive relief in the form of a temporary restraining order or preliminary injunction against General Motors to prevent further violations of consumer protection laws.

The attorneys representing Khaled Smaiel Altayib are Neal F. Morrow III and Michael J. Avila from MES Legal Inc., based in Long Beach, California. The case has been assigned Case No.: 24CV445320 and will be reviewed by Judge J. Nguyen.

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