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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Plaintiff alleges auto giant breached warranty laws over defective Chevrolet Bolt

State Court
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A California resident has taken legal action against a major automobile manufacturer, alleging multiple breaches of warranty laws related to a vehicle purchase. On September 23, 2024, Siddesh Shivakumaraswamy 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 express and implied warranties under the Song-Beverly Consumer Warranty Act.

According to the complaint, Siddesh Shivakumaraswamy purchased a 2020 Chevrolet Bolt on January 2, 2021. The plaintiff asserts that the vehicle exhibited defects and malfunctions that significantly impaired its use, value, and safety. Despite numerous attempts to resolve these issues through authorized repair facilities, General Motors allegedly did not rectify the problems within a reasonable timeframe or replace the vehicle as required by law. "Defendants violated the Song-Beverly Consumer Warranty Act by failing to conform the Vehicle to the express written warranties," states the complaint.

The plaintiff accuses General Motors of willfully neglecting their obligations under California's warranty laws. It is alleged that despite being aware of the vehicle's defects and their legal responsibilities, General Motors repeatedly refused necessary repairs or compensation. The lawsuit seeks various forms of relief from the court including rescission of the sales contract and restitution for all payments made towards the vehicle.

Shivakumaraswamy is seeking actual damages amounting to $35,620 along with consequential and incidental damages as proven at trial. Additionally, he demands civil penalties equivalent to twice his actual damages due to what he describes as willful non-compliance by General Motors. Legal fees and costs incurred during this litigation are also requested under Cal. Civ. Code §1794(d). Furthermore, Shivakumaraswamy seeks an injunction preventing further unfair practices by General Motors pursuant to Cal. Bus. & Prof. Code §§ 17200 et seq.

Representing Siddesh Shivakumaraswamy in this case are attorneys Neal F. Morrow III and Michael J. Avila from MES Legal Inc., based in Long Beach, California. The case is presided over by Judge M. Suare under Case No.: 24CV447849 in Santa Clara County Superior Court.

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