On March 21, 2021, Laurie J. Stevens, (“Plaintiff”), represented by Julian McMillan of McMillan Law Group filed a civil action against Nissan North America, Inc and Mossy Nissan, Inc.(“Defendants”) seeking civil penalties, restitution and damages for failure to repair said vehicle. This case was filed in U.S. District Court in the Southern District of California with Judge Jill L. Burkhardt and Judge Janis L. Sammartino presiding.
In its complaint, Plaintiff alleged that “On or about April 8, 2018, Plaintiff and Defendants entered into a Motor Vehicle Lease Agreement (“Lease Agreement”) providing for the Lease of a 2018 Nisan Leaf (VIN: 1N4AZ1CP1JC306235) (“Vehicle”). Plaintiff leased the Vehicle primarily for personal, family, or household purposes. Plaintiff leased the Vehicle from a person or entity engaged in the business of manufacturing, distributing, or selling consumer goods at retail.”
Plaintiff further alleged that “In connection with the purchase, Defendants provided Plaintiff with an express written warranty in which Defendants undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there is a failure in utility or performance for a specified period of time. The warranty provided, in relevant part, that in the event a defect developed with the Vehicle during the warranty period, Plaintiff could deliver the Vehicle for repair services to Defendants’ representative(s) and the Vehicle would be repaired.”
Plaintiff also alleged that “During the warranty period, the Vehicle contained or developed various defects including but not limited to, defects with the Vehicle’s acceleration, steering, the ProPILOT Assist advanced driving assistance system (ADAS). During the warranty period, the defects described in paragraph above caused the Vehicle to not start, to make a loud clicking noise when it did start, to “pull” the steering to one side or the other, sometimes so much so that it caused Plaintiff to depart the lane she was in, and to alert her with urgent warnings that the system needed immediate repair. On or about December 2020, the ProPILOT Assist ADAS malfunctioned causing the Vehicle to depart it's lane unexpectedly, leading to a collision and resulting in $10,202.87 in repairs to the Vehicle. As a result of these issues and defects, Plaintiff does not feel safe operating the Vehicle.”
The Plaintiff further alleged that “On or about February 24, 2021, Defendants sent a letter to Plaintiff declining to repurchase the Vehicle, stating, “Nissan carefully considered your request and reviewed all available facts pertaining to your specific situation. As a result of this thorough review, Nissan determined we are not in the position to repurchase your vehicle at this time.””
There are five claims for relief laid down by the Plaintiff. The first claim is for breach of implied warranty of merchantability 15 U.S.C §2310(d) and CAL. CIV. CODE §1794. The second claim is for breach of express warranty 15 U.S.C. § 2310(d) and CAL. CIV. CODE §1794). The third claim is for failure to promptly repurchase 15 U.S.C. § 2310(D) and CAL. CIV. CODE § 1793.2(d). The fourth claim is for failure to commence repairs within a reasonable time and to complete them within 30 15 U.S.C. § 2310(d) and CAL. CIV. CODE § 1794 and the fifth claim is for negligent repair.
In its prayer for relief, the Plaintiff has requested the court for granting restitution, punitive damages, actual and/or statutory damages, and civil penalty for double the amount of any actual and statutory damages including pre judgment interest along with costs of litigation.
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Pending - Other Pending
Contract - Other Contract
Jill L. Burkhardt
Janis L. Sammartino
Laurie J. Stevens
Mossy Nissan, Inc.
Nissan North America, Inc.
Attorney at McMillan Law Group
4655 Cass Street, Suite 404
San Diego, CA 92109
Docket(#5) Clerk's ENTRY OF DEFAULT as to Nissan North America, Inc. (tcf) (Entered: 05/13/2021)[+] Read More [-] Read Less
Docket(#4) Request for Entry of Clerk Default against Nissan North America, Inc. (Attachments: #1 Declaration)(McMillan, Julian) (tcf). (Entered: 05/12/2021)[+] Read More [-] Read Less
Docket(#3) SUMMONS Returned Executed by Laurie J. Stevens. Nissan North America, Inc. served. (McMillan, Julian) (tcf). (Entered: 05/12/2021)[+] Read More [-] Read Less
Docket(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) (jms). (Entered: 03/25/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT with Jury Demand against Mossy Nissan, Inc., Nissan North America, Inc. ( Filing fee $ 402 receipt number ACASDC-15556079.), filed by Laurie J. Stevens. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-524-JLS-JLB. Judge Janis L. Sammartino and Magistrate Judge Jill L. Burkhardt are assigned to the case. (McMillan, Julian)(smd)(jms). (Entered: 03/25/2021)[+] Read More [-] Read Less
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