Alaska Lemon Law Complaint

ALASKA LEMON LAW COMPLAINT

COURT CAPTION

IN THE [SUPERIOR / DISTRICT] COURT FOR THE STATE OF ALASKA AT [LOCATION]

Case No.: [________________________________]

COMPLAINT FOR STATUTORY REFUND OR REPLACEMENT, WARRANTY DAMAGES, AND RELATED RELIEF

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] is an Alaska resident whose address is [ADDRESS]. Plaintiff purchased, other than for resale, the new motor vehicle described below.

2. Defendant [MANUFACTURER OR DISTRIBUTOR] is [ENTITY TYPE / STATE], does business in Alaska, and manufactured or distributed the Vehicle.

3. Defendant [DEALER / SELLER] is [ENTITY TYPE] located at [ADDRESS] and sold the Vehicle to Plaintiff. This defendant is included for the seller-warranty counts only unless additional facts support another claim.

2. COURT SELECTION, JURISDICTION, AND VENUE

4. This action is filed in the [Superior / District] Court because [select and state the jurisdictional basis: amount claimed; value of specific personal property; statutory penalty; or equitable relief].

5. If filed in district court, the amount claimed against each defendant and the value of any specific personal property sought do not exceed $100,000, exclusive of costs, interest, and attorney fees. See AS 22.15.030(a).

6. If filed in superior court, jurisdiction rests on AS 22.10.020 because [the claim exceeds district-court limits / equitable relief is requested / another stated basis applies].

7. Venue is proper under Alaska Civil Rule 3(c) because [the claim arose in this judicial district / a defendant may be personally served in this judicial district / an authorized venue district applies].

3. VEHICLE AND WARRANTY

8. On [DATE], Plaintiff purchased from [DEALER] a new [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), for a full purchase price of $[AMOUNT].

9. The Vehicle is a self-propelled land vehicle with four or more wheels, normally used for personal, family, or household purposes, and required to be registered under AS 28.10. It is not a tractor, farm vehicle, or vehicle designed primarily for off-road use.

10. Defendant [MANUFACTURER] issued an express written warranty covering the Vehicle for [TERM].

11. The Vehicle developed the following defect or condition during the earlier of the express-warranty term or one year after delivery:

12. Each claimed nonconformity was caused by or is attributable to [MANUFACTURER / DISTRIBUTOR / DEALER / AUTHORIZED REPAIRING AGENT] and substantially impairs the Vehicle’s [use / market value / both]. Any safety consequences should be pleaded as supporting facts, not as a separate statutory element.

4. REPAIR HISTORY AND STATUTORY PRESUMPTION

13. Plaintiff reported the nonconformity during the applicable express-warranty period, and the manufacturer, distributor, dealer, or authorized repairing agent was required by AS 45.45.300 to make the necessary warranty repairs.

14. The same nonconformity was presented for repair [NUMBER] times during the earlier of the express-warranty term or one year after delivery, but it continues to exist.

15. Alternatively or additionally, the Vehicle was out of service for repair for [NUMBER] business days during that period. The calculation excludes any time when repairs were not performed for reasons beyond the control of the manufacturer, distributor, dealer, or repairing agent.

16. Plaintiff therefore alleges that the rebuttable presumption in AS 45.45.320 is satisfied because:

☐ The same nonconformity was repaired three or more times and continues to exist.

☐ The Vehicle was out of service for repair for at least 30 qualifying business days.

☐ Even if the presumption is not established, the facts show a reasonable number of unsuccessful attempts under AS 45.45.305.

5. REQUIRED NOTICE AND FINAL REPAIR OPPORTUNITY

17. On [DATE], before 60 days elapsed after the earlier expiration of the express warranty or the one-year anniversary of original delivery, Plaintiff sent written notice by certified mail to the manufacturer and its dealer or repairing agent.

18. The notice:

• stated that the Vehicle had a nonconformity;
• reasonably described the nonconformity;
• stated that a reasonable number of repair attempts had been made; and
• demanded delivery of a refund or replacement on the 60th day after mailing.

19. A copy of the notice and proof of certified mailing are attached as Exhibit [__].

20. The manufacturer [made / declined / failed to complete] its permitted final repair attempt within 30 days after receiving the notice.

21. The 60th day after mailing passed on [DATE], but the manufacturer or distributor did not provide the refund or replacement required by AS 45.45.305.

22. The nonconformity is not the result of unauthorized alteration, abuse, or neglect, and it substantially impairs the Vehicle’s use or market value.

6. INFORMAL DISPUTE RESOLUTION

23. Select the applicable allegation:

☐ No Attorney-General-approved procedure described in AS 45.45.355 applies, so no additional procedure was required.

☐ Plaintiff first resorted to the applicable Attorney-General-approved informal dispute settlement, arbitration, or mediation process on [DATE], and the process ended on [DATE / RESULT].

☐ The manufacturer waived, prevented, or is estopped from asserting the procedure for these facts: [DETAILS].

24. Any Magnuson-Moss prerequisite incorporated into the written warranty under 15 U.S.C. § 2310(a)(3) was [satisfied / inapplicable / excused].

7. COUNT I — ALASKA MOTOR VEHICLE WARRANTIES ACT

Against Manufacturer or Distributor

25. Plaintiff incorporates paragraphs 1–24.

26. The Vehicle is covered by AS 45.45.300–45.45.360, Plaintiff is an owner, and the defect is a statutory nonconformity.

27. The Vehicle was not conformed to the applicable express warranty after a reasonable number of attempts during the statutory period.

28. Plaintiff completed the notice procedure in AS 45.45.310 and any applicable prerequisite in AS 45.45.355.

29. Under AS 45.45.305, Plaintiff elected:

☐ a new, comparable replacement vehicle; or

☐ refund of the full purchase price, payable to Plaintiff and any lienholder as their interests appear, less only the statutory reasonable allowance for use.

30. The maximum ordinary-use component of the allowance is calculated by straight-line depreciation over seven years for the period the Vehicle was available for Plaintiff’s use, plus any qualifying depreciation caused by neglect, abuse, or unrelated body damage.

31. Plaintiff also seeks reasonable shipping costs recoverable under AS 45.45.350, if incurred.

8. COUNT II — ALASKA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION ACT

Against Manufacturer or Distributor

32. Plaintiff incorporates paragraphs 1–31.

33. AS 45.45.330 presumes that a manufacturer or distributor required to refund or replace a vehicle, but failing to do so, committed an unfair trade practice under AS 45.50.471.

34. Plaintiff suffered an ascertainable loss of money or property as a result.

35. Under AS 45.50.531(a), Plaintiff seeks three times actual damages or $500 for each proven unlawful act or practice, whichever is greater, and other relief the court considers necessary and proper.

36. Under AS 45.50.537(a), a prevailing plaintiff is awarded court-rule costs and full reasonable attorney fees at the prevailing reasonable rate. Plaintiff acknowledges that fee consequences for a prevailing defendant are governed by AS 45.50.537(b)–(c).

37. This count is filed within two years after Plaintiff discovered or reasonably should have discovered that the loss resulted from the unlawful practice. See AS 45.50.531(f).

9. COUNT III — MAGNUSON-MOSS WARRANTY ACT

Against Warrantor

38. Plaintiff incorporates paragraphs 1–37.

39. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant [NAME] is a warrantor, and the written undertaking is a written warranty within 15 U.S.C. § 2301.

40. Defendant failed to comply with an obligation under the written warranty, causing Plaintiff damage.

41. Under 15 U.S.C. § 2310(d)(1), Plaintiff seeks damages and other legal and equitable relief in this court of competent jurisdiction.

42. If Plaintiff finally prevails, the court may award reasonably incurred costs and expenses, including attorney fees based on actual time expended, unless the court determines that an award would be inappropriate. 15 U.S.C. § 2310(d)(2).

10. COUNT IV — SELLER WARRANTY CLAIMS UNDER ALASKA UCC

Against Dealer / Seller; include only if supported by the sale documents and facts

43. Plaintiff incorporates paragraphs 1–42.

44. The seller made the following affirmation, promise, description, sample, or model part of the basis of the bargain: [IDENTIFY EXPRESS WARRANTY]. See AS 45.02.313.

45. Unless effectively excluded or modified, the seller also impliedly warranted that the Vehicle was merchantable and fit for its ordinary purposes. See AS 45.02.314.

46. Within a reasonable time after discovering the breach, Plaintiff notified the seller as required by AS 45.02.607(c)(1).

47. The Vehicle did not conform to the seller’s warranties because [FACTS].

48. Plaintiff seeks the loss resulting in the ordinary course from the breach, including the difference between the Vehicle’s value as accepted and as warranted, plus recoverable incidental and consequential damages under AS 45.02.714–45.02.715.

11. PRAYER FOR RELIEF

Plaintiff requests judgment granting only the relief supported by the pleaded counts and evidence:

A. A new, comparable replacement Vehicle or statutory refund under AS 45.45.305, according to Plaintiff’s selected remedy;

B. Payment to the lienholder and Plaintiff according to their respective interests;

C. Reasonable qualifying shipping costs under AS 45.45.350;

D. Damages and other relief under AS 45.50.531;

E. Warranty damages and other relief under 15 U.S.C. § 2310(d);

F. Seller-warranty damages under AS 45.02.714–45.02.715, if Count IV is pleaded and proved;

G. Prejudgment and post-judgment interest as allowed by law;

H. Recoverable costs and attorney fees under the authorities pleaded above; and

I. Other relief the court may lawfully grant.

12. SIGNATURE

Dated: [__/__/____]

[LAW FIRM / SELF-REPRESENTED PLAINTIFF]

By: [________________________________]

[ATTORNEY OR PLAINTIFF NAME]

Alaska Bar No. [________] (if applicable)

[ADDRESS]

[PHONE] | [EMAIL]

SEPARATE JURY DEMAND

IN THE [SUPERIOR / DISTRICT] COURT FOR THE STATE OF ALASKA AT [LOCATION]

Case No.: [________________________________]

PLAINTIFF’S DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on every issue triable by jury under article I, section 16 of the Alaska Constitution and Alaska Civil Rule 38.

Dated: [__/__/____]

By: [________________________________]

[ATTORNEY OR PLAINTIFF NAME]

FILING CHECKLIST

☐ Select the correct court based on AS 22.10.020 and AS 22.15.030–.050.

☐ Complete the case description form required by Alaska Civil Rule 3(a).

☐ Attach the purchase agreement, warranty, repair orders, certified-mail notice, proof of delivery, and any dispute-resolution record.

☐ Confirm that the certified notice contained every item required by AS 45.45.310.

☐ File and serve the jury demand as a separate signed document within Rule 38(b)’s deadline.

☐ Confirm the clerk has the complaint copy needed for the clerk’s mailing to the Attorney General under AS 45.50.531(c).

SOURCES AND REFERENCES

• Alaska Legislature — Title 45, Trade and Commerce
• Alaska Legislature — Title 22, Judiciary
• Alaska Court System — Alaska Rules of Civil Procedure
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310

This template requires review by a licensed Alaska attorney before filing.