This case was last updated from U.S. District Courts on 02/21/2022 at 08:14:46 (UTC).

Kennedy v. General Motors Company

Case Summary

On December 23, 2021, David Kennedy (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Yana A. Hart of Clarkson Law Firm PC, filed a class action lawsuit against General Motors Company (“GM”) and Does 1 through 10, inclusive (collectively, “Defendants”), seeking injunctive relief, damages, and restitution for the alleged fraudulent, unfair, deceptive, unlawful, and misleading practices of Defendants. This case was filed in the U.S. District Court in the Northern District of California. 

 

Plaintiff brings this action on his own behalf and on behalf of all other persons similarly situated. Plaintiffs will fairly and adequately represent and protect the interests of the proposed Class.

 

In the complaint Plaintiff alleged that, “Defendant is putting consumers’ safety at risk. Defendant falsely represents the 2020- 2022 Chevrolet Bolt EV and 2022 Chevrolet Bolt EUV vehicles (the “Class Vehicles”) to be safe and functional for normal use. In fact, the Class Vehicles are not safe and functional for normal use as the batteries may ignite when the Class Vehicles are either fully charged or fall below seventy (70) miles remaining mileage. Consumers also cannot park the Class Vehicles indoors overnight due to the risk of fire. So far, Defendant has done nothing to remedy this issue. Simply put, Defendant is prioritizing profits over the health and safety of consumers. Defendant is a prominent market participant in the electric vehicle (“EV”) industry. The Chevrolet EVs have helped position Defendant second among auto manufacturers in the emerging EV market, with nearly a 10% share of battery-car segment in 2021.”

 

Plaintiff further alleged that, “Defendant markets the Class Vehicles in a systematically misleading manner by advertising them as safe and functional EVs. In reality, the Class Vehicles are neither safe nor functional for normal use due to the presence of lithium-ion battery modules. In August 2021, Defendant issued a recall notice for the Class Vehicles, stating that the Class Vehicles’ batteries may ignite when nearing a full charge. Defendant warned Plaintiff and Class Members that the Class Vehicles’ charge should not exceed 90%, the battery mileage should not fall below seventy (70) miles remaining, and the Class Vehicles should not be parked indoors overnight. This battery defect presents a significant safety risk for Plaintiff and Class Members because of the inherent risk that the batteries may ignite when nearing full charge. Due to the battery defect and risk of fire, Plaintiff and Class Members are forced to make unforeseen accommodations and take precautions that interfere with their normal and expected use of the Class Vehicles.”

 

There are four claims for relief laid down by Plaintiff. The first two claims deal with fraud and violation of California Unfair Competition Law Business & Professions Code, respectively. The third and fourth claims deal with false and misleading advertising in violation of the Business & Professions Code and failure to recall/retrofit under California Law, respectively. 

 

In his prayer for relief Plaintiff has requested the Court for an order enjoining Defendant from continuing to advertise the Class Vehicles, damages against Defendant in an amount to be determined at trial, together with pre- and post- judgment interest with restitution and/or disgorgement, and for the Court to grant such other and further relief as may be just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-09984

  • Filing Date:

    12/23/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

William H. Orrick

 

Party Details

Plaintiff

David Kennedy

Defendants

General Motors Company

General Motors, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Yana A. Hart

Attorney at Clarkson Law Firm PC

22525 Pacific Coast Highway

Malibu, CA 90265

Ryan J. Clarkson

Attorney at Clarkson Law Firm, P.C.

22525 Pacific Coast Highway

Malibu, CA 90265

Defendant Attorney

John Nadolenco

Attorney at Mayer Brown LLP

350 South Grand Avenue, 25Th Floor

Los Angeles, CA 90071-1503

 

Court Documents

#17

(#17) ORDER granting #16 Joint Stipulation of Voluntary Dismissal. Signed by Judge William H. Orrick on 02/10/2022. (jmd, COURT STAFF) (Filed on 2/10/2022) (Entered: 02/10/2022)

#16

(#16) STIPULATION WITH PROPOSED ORDER / Joint Stipulation of Voluntary Dismissal without Prejudice filed by General Motors Company, General Motors, LLC. (Nadolenco, John) (Filed on 2/10/2022) (Entered: 02/10/2022)

#15

(#15) Summons Issued as to General Motors, LLC. (sfb, COURT STAFF) (Filed on 2/3/2022) (Entered: 02/03/2022)

#14

(#14) Proposed Summons. (Hart, Yana) (Filed on 2/2/2022) (Entered: 02/02/2022)

#13

(#13) AMENDED COMPLAINT FIRST against General Motors Company, GENERAL MOTORS, LLC,. Filed byDavid Kennedy. (Hart, Yana) (Filed on 2/2/2022) (Entered: 02/02/2022)

#12

(#12) Order by Judge William H. Orrick granting #11 Stipulation. Case Management Conference set for 5/24/2022 02:00 PM via Videoconference. Case Management Statement due by 5/17/2022. (jmd, COURT STAFF) (Filed on 1/26/2022) (Entered: 01/26/2022)

#11

(#11) STIPULATION WITH PROPOSED ORDER to Revise Briefing Schedule filed by General Motors Company. (Nadolenco, John) (Filed on 1/25/2022) (Entered: 01/25/2022)

#10

(#10) CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 3/29/2022 02:00 PM via Videoconference. Case Management Statement due by 3/29/2022. Signed by Judge William H. Orrick on 1/10/2022. (jmd, COURT STAFF) (Filed on 1/10/2022) (Entered: 01/10/2022)

#9

(#9) SUMMONS Returned Executed by David Kennedy. General Motors Company served on 1/5/2022, answer due 1/26/2022. (Hart, Yana) (Filed on 1/10/2022) (Entered: 01/10/2022)

8 #1

Notice of Eligibility for Video Recording

8 #8

Main Document

#6

(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Kennedy.. (Hart, Yana) (Filed on 1/6/2022) (Entered: 01/06/2022)

#5

(#5) Summons Issued as to General Motors Company. (sfb, COURT STAFF) (Filed on 12/27/2021) (Entered: 12/27/2021)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/22/2022. Initial Case Management Conference set for 3/29/2022 01:30 PM in Oakland, - To be determined. (sfb, COURT STAFF) (Filed on 12/27/2021) (Entered: 12/27/2021)

#2

(#2) Proposed Summons. (Hart, Yana) (Filed on 12/23/2021) (Entered: 12/23/2021)

1 #2

Civil Cover Sheet

1 #1

Declaration of David Kennedy regarding Venue pursuant to Cal. Civ. Code Section

8 More Documents Available
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Docket Entries

  • 02/10/2022
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  • Docket(#17) ORDER granting #16 Joint Stipulation of Voluntary Dismissal. Signed by Judge William H. Orrick on 02/10/2022. (jmd, COURT STAFF) (Filed on 2/10/2022) (Entered: 02/10/2022)

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  • 02/10/2022
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  • Docket(#16) STIPULATION WITH PROPOSED ORDER / Joint Stipulation of Voluntary Dismissal without Prejudice filed by General Motors Company, General Motors, LLC. (Nadolenco, John) (Filed on 2/10/2022) (Entered: 02/10/2022)

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  • 02/03/2022
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  • Docket(#15) Summons Issued as to General Motors, LLC. (sfb, COURT STAFF) (Filed on 2/3/2022) (Entered: 02/03/2022)

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  • 02/02/2022
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  • Docket(#14) Proposed Summons. (Hart, Yana) (Filed on 2/2/2022) (Entered: 02/02/2022)

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  • 02/02/2022
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  • Docket(#13) AMENDED COMPLAINT FIRST against General Motors Company, GENERAL MOTORS, LLC,. Filed byDavid Kennedy. (Hart, Yana) (Filed on 2/2/2022) (Entered: 02/02/2022)

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  • 01/26/2022
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  • Docket(#12) Order by Judge William H. Orrick granting #11 Stipulation. Case Management Conference set for 5/24/2022 02:00 PM via Videoconference. Case Management Statement due by 5/17/2022. (jmd, COURT STAFF) (Filed on 1/26/2022) (Entered: 01/26/2022)

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  • 01/25/2022
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  • Docket(#11) STIPULATION WITH PROPOSED ORDER to Revise Briefing Schedule filed by General Motors Company. (Nadolenco, John) (Filed on 1/25/2022) (Entered: 01/25/2022)

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  • 01/10/2022
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  • Docket(#10) CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 3/29/2022 02:00 PM via Videoconference. Case Management Statement due by 3/29/2022. Signed by Judge William H. Orrick on 1/10/2022. (jmd, COURT STAFF) (Filed on 1/10/2022) (Entered: 01/10/2022)

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  • 01/10/2022
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  • Docket(#9) SUMMONS Returned Executed by David Kennedy. General Motors Company served on 1/5/2022, answer due 1/26/2022. (Hart, Yana) (Filed on 1/10/2022) (Entered: 01/10/2022)

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  • 01/07/2022
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  • Docket(#8) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 1/7/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(anj, COURT STAFF) (Filed on 1/7/2022) (Entered: 01/07/2022)

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  • 01/07/2022
  • Docket(#7) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 1/7/2022) (Entered: 01/07/2022)

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  • 01/06/2022
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  • Docket(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David Kennedy.. (Hart, Yana) (Filed on 1/6/2022) (Entered: 01/06/2022)

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  • 12/27/2021
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  • Docket(#5) Summons Issued as to General Motors Company. (sfb, COURT STAFF) (Filed on 12/27/2021) (Entered: 12/27/2021)

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  • 12/27/2021
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  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/22/2022. Initial Case Management Conference set for 3/29/2022 01:30 PM in Oakland, - To be determined. (sfb, COURT STAFF) (Filed on 12/27/2021) (Entered: 12/27/2021)

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  • 12/23/2021
  • Docket(#3) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/6/2022. (bw, COURT STAFF) (Filed on 12/23/2021) (Entered: 12/27/2021)

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  • 12/23/2021
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  • Docket(#2) Proposed Summons. (Hart, Yana) (Filed on 12/23/2021) (Entered: 12/23/2021)

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  • 12/23/2021
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  • Docket(#1) COMPLAINT against General Motors Company ( Filing fee $ 402, receipt number ACANDC-16749973.). Filed byDavid Kennedy. (Attachments: #1 Declaration of David Kennedy regarding Venue pursuant to Cal. Civ. Code Section 1780(d), #2 Civil Cover Sheet)(Hart, Yana) (Filed on 12/23/2021) (Entered: 12/23/2021)

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