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1 ANDERSON, OGILVIE & BREWER LLP

Mark F. Anderson (SBN 44787)


2 235 Montgomery Street
Suite 914
3 San Francisco, CA 94104
Telephone: (415) 651-1951
4 Fax: (415) 500-8300
5 Email: mark@aoblawyers.com
6 Attorney for Plaintiff Barrett Lyon
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SUPERIOR COURT OF THE STATE OF CALIFORNIA

PLACER COUNTY

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11 Barrett Lyon,
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Plaintiff,

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vs.
Tesla Motors Inc. and
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DOES 1 through 30,
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Defendants
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Case No.
COMPLAINT FOR DAMAGES
BREACH OF WARRANTIES
Unlimited Civil Jurisdiction

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18 The Contract of Sale
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1. On March 10, 2016 plaintiff purchased a new 2016 Tesla Model X P90D,

20 5YJXCAE40GF001247 from defendant Tesla Motors, Inc. under a written contract of sale under
21 which plaintiff agreed to pay $161,970, including sales tax and license.
22 The Parties
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2. Plaintiff is a consumer who purchased the vehicle for personal and family use. Plaintiff was

24 a buyer within the meaning of Commercial Code 2103.


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3. Defendant Tesla Motors Inc.(Tesla) manufactured the vehicle and sold it to plaintiff

26 Barrett Lyon. Defendant Tesla Motors Inc. was a "manufacturer" and "seller" within the meaning of
27 Civil Code 1791(j) and Commercial Code 2103(d).
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The Express Warranty
4. Tesla provided plaintiff an express, written warranty on the vehicle in effect for 50,000 miles
or 48 months. Tesla warranted that the vehicle was free of all defects in materials and workmanship

1 the express warranty.


2 Implied Warranty of Merchantability
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5. Tesla was a merchant in the sale of the vehicle and there was in the sale an implied warranty

4 that the vehicle was merchantable and fit for its ordinary uses, which warranty had duration of one
5 year.
6 Tesla Breached the Warranty
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6. Tesla has been unable to conform the vehicle to the express warranty or make it

8 merchantable by repairing its defects.


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7. The vehicle has defects, which substantially impair its use, value and safety.

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8. The vehicle has been in for repair of all defects two times and 20 days.

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9. The repair history has been as follows:

12 Date in Odometer
4/14/16 1,522
13 RO No. 9823006189
14 Tesla, Rocklin

Days
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4/27/16
1,800
RO
9823005907
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Owner Complaints/Tesla Comments


C/s 2d row seat causes drivers seat to fold forward
C/s Powered front doors are opening into other cars and
obstacles. Door was damaged.
C/s touchscreen freezing everyday. Tech installed firmware.
C/s Powered front door wont open when pressing handle
on the outside of the car or with the center display. Only makes
noise. Tech verified complaint, made adjustments.
C/s Touch screen blank and locks up at times
Tech comments: Must be rebooted at times
C/s 2nd row seat causes drivers seat to fold forward
Tech comments: Verified, installed firmware
C/s Powered front doors will fling open
and hit other cars and objects in owners garage
Tech comments: Front two doors use sensors in
rear doors to determine if anything is next to the
vehicle. If only something is next to front doors,
the car will not know anything is there.

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C/s Powered front doors on both side slammed and


closed on owners leg and his wifes leg
Tech comments. Stepping on brake or clicking
the lock button on the key fob or touch screen
will [cause] both drivers and passengers doors
to close by themselves. This is a feature of the
Model X, and is not currently able to be disabled
C/s Drivers side door closed on owners back and
would not stop closing
Tech comments: Verified only small amount of
pressure to stop door moving, but added, doors
open differently if there are objects next to the doors.
C/s Auto park does not work 90% of the time. Starts
pulling into garage and stops.

degrees).
C/s Auto Pilot in the rain is extremely dangerous; it causes
the car to swerve into different lanes
Tech comments. None provided

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10. Tesla currently has not means or method to repair the following safety related defects:
Front doors fling open and hit other objects in owners garage (and under like
circumstances). This may cause personal injury.

Stepping on brake or clicking the lock button on the key fob or touch screen will
[cause] both drivers and passengers doors to close by themselves. This is feature
may cause personal injury.

Auto Park.

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Auto Pilot.

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11. Tesla has had sufficient opportunities to repair the vehicle.

13 Damages to Plaintiff
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12. Plaintiffs damages include the purchase price and incidental damages, including the sales

15 tax, and DMV license fee.


16 Jurisdiction and Venue
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13. Defendants do business in California, have regularly conducted business in California, and

18 have supplied products to buyers in California. Venue is proper in this county. The claim for relief
19 arose and the contract for sale was entered within this county and at the time of purchase and
20 commencement of this action, plaintiff was a permanent resident of Placer County.
21 Fictitious Defendants
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14. DOES 1-25 are entities that participated in the transactions complained of herein in ways

23 which are unknown to plaintiff. The true names, capacities and nature and extent of participation in
24 the alleged activities by DOES 1-25, inclusive, are unknown to plaintiff and therefore plaintiff sues
25 these defendants by such fictitious names. Plaintiff will amend the complaint to allege their true
26 names and capacities when ascertained.
27 Agency
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15. Each of the defendants, whether actually named or fictitiously named, was the agent of the
other defendants, whether actually named or fictitiously named, and each other and was at all times
acting within the purpose and scope of such agency.
First Cause of Action - Breach of Implied Warranty under the Song-Beverly Act, Civil Code
1792--Against Tesla & Defendant Selling Dealer

17. Teslas breach of the implied warranty is a violation of the Song-Beverly Act, California

2 Civil Code 1792.


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18. Tesla is liable for damages pursuant to Civil Code 1794.


Second Cause of Action--Song-Beverly Act, Reimbursement Under the "Lemon Law," Civil
4 Code 1793.2(d), 1794--Against Tesla
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19. Plaintiff incorporates and realleges each and every allegation of 1-15.
20. As an express warrantor and manufacturer, defendant Tesla Motors Inc. had certain
obligations under the Song-Beverly Consumer Warranty Act, California Civil Code 1790, et seq.
and in particular Civil Code 1793.2(b) & (d) to conform the vehicle to the express warranty.
21. Tesla has been unable to conform the vehicle to the express warranty after a reasonable
number of attempts at repair. Tesla is therefore required to reimburse the buyer the purchase price
and incidental and other damages pursuant to Civil Code 1793.2(d), 1794 in return for clear title
to the vehicle.
22. Tesla also had a mandatory duty to replace or repurchase the vehicle pursuant to Civil Code
1793.2(d). Tesla willfully refused to do so.
23. Tesla is therefore liable for not only damages, but also a civil penalty pursuant to Civil Code
1794.
WHEREFORE, plaintiff prays judgment as follows:
A. For reimbursement and incidental and consequential damages and other compensatory damages,
which exceed $25,000;
B. On the Second Cause of Action, a civil penalty of two times damages;
C. Prejudgment interest from the date of revocation;
D. Attorney's fees and expenses, and costs of suit;
E. For such other and further relief as the court may deem proper.
Dated: May 31, 2016.

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ANDERSON, OGILVIE & BREWER LLP

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By___________________
Mark F. Anderson
Attorney for Plaintiff

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