IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
AT [PLACEHOLDER – JUDICIAL DISTRICT]
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT MANUFACTURER] and
[DEFENDANT DEALER],
Defendants.
Case No.: ________
COMPLAINT
For Violation of the Alaska Motor Vehicle Warranty Act (Lemon Law),
Breach of Warranty, and Related Relief
DEMAND FOR JURY TRIAL
[// GUIDANCE: Replace every bracketed [PLACEHOLDER] with matter-specific information. Delete all guidance comments before filing.]
TABLE OF CONTENTS
- Parties ................................................................................................. 2
- Jurisdiction & Venue ....................................................................... 2
- Preliminary Allegations & Defined Terms ................................. 3
- Facts Common to All Claims ...................................................... 4
- Causes of Action ............................................................................. 6
5.1 Count I – Alaska Lemon Law (AS 45.45.300 et seq.) ............. 6
5.2 Count II – Breach of Express Warranty .................................. 7
5.3 Count III – Magnuson-Moss Warranty Act .............................. 8
5.4 Count IV – Breach of Implied Warranty of Merchantability .. 9
5.5 Count V – Alaska Unfair Trade Practices & Consumer Protection Act (AS 45.50.471 et seq.) ............................................. 10 - Prayer for Relief ............................................................................. 11
- Jury Demand ................................................................................ 12
- Verification .................................................................................... 12
- Signature Block ............................................................................. 13
1. PARTIES
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [PLAINTIFF ADDRESS], Alaska, and is the purchaser/lessee of the subject motor vehicle described herein.
1.2 Defendant [DEFENDANT MANUFACTURER] (“Manufacturer”) is a [STATE OF INCORPORATION] corporation with its principal place of business at [ADDRESS] and is engaged in the business of manufacturing, distributing, and warranting motor vehicles in Alaska.
1.3 Defendant [DEFENDANT DEALER] (“Dealer”) is an Alaska business entity with its principal place of business at [ADDRESS] and is an authorized dealer of the Manufacturer.
2. JURISDICTION & VENUE
2.1 This Court possesses subject-matter jurisdiction pursuant to AS 22.10.020 and Alaska Rule of Civil Procedure 3, because the amount in controversy exceeds $100,000 or otherwise falls within the Court’s general jurisdiction.
2.2 Personal jurisdiction is proper over each Defendant because each transacts business in Alaska and committed the acts complained of herein within the State.
2.3 Venue is proper in this Judicial District under Alaska Civil Rule 3 because the transaction occurred, and Defendants conduct substantial business, in this District.
2.4 To the extent required by the Alaska Motor Vehicle Warranty Act, Plaintiff has participated in or offered to participate in the Manufacturer’s informal dispute resolution (“IDR”) procedure as described in ¶¶ [__] below.
[// GUIDANCE: If arbitration/IDR was mandatory, insert specific facts showing completion. If not mandatory or unavailable, insert allegations of waiver or non-compliance by Manufacturer.]
3. PRELIMINARY ALLEGATIONS & DEFINED TERMS
For clarity, the following capitalized terms shall have the meanings set forth below and shall apply throughout this Complaint:
a. “Act” means the Alaska Motor Vehicle Warranty Act, AS 45.45.300 et seq.
b. “Vehicle” means one (1) new [YEAR, MAKE, MODEL, TRIM], VIN [VIN], purchased by Plaintiff on [PURCHASE DATE] for $[PURCHASE PRICE].
c. “Non-conformity” means any defect or condition that substantially impairs the use, value, or safety of the Vehicle, as defined in AS 45.45.300(3).
d. “Repair Attempt(s)” means each occasion on which Plaintiff delivered the Vehicle to an authorized repair facility for correction of a Non-conformity.
[// GUIDANCE: Add or remove defined terms to fit the facts. Keep definitions alphabetized.]
4. FACTS COMMON TO ALL CLAIMS
4.1 On [PURCHASE DATE], Plaintiff purchased the Vehicle from Dealer for personal, family, or household purposes.
4.2 The Vehicle was accompanied by Manufacturer’s written limited warranty (the “Warranty”) covering, inter alia, any Non-conformity arising during the first [TIME/MILEAGE] after purchase.
4.3 From approximately [FIRST REPAIR DATE] through [LAST REPAIR DATE], Plaintiff presented the Vehicle to [AUTHORIZED REPAIR FACILITY] on at least [NUMBER] separate occasions for repairs to address the following Non-conformities:
a. [DESCRIPTION OF DEFECT #1]
b. [DESCRIPTION OF DEFECT #2]
c. [Additional defects, if any]
4.4 Despite these Repair Attempts, the Non-conformities persist. The Vehicle has been out of service for a cumulative total of [NUMBER] business days, exceeding the thirty (30) business-day statutory threshold set forth in AS 45.45.305(a)(2), or the Non-conformity was subject to more than [THREE] repair attempts for the same defect, satisfying AS 45.45.305(a)(1).
4.5 On [DATE], Plaintiff provided Manufacturer and Dealer with formal written notice of the unresolved Non-conformity and demanded relief pursuant to AS 45.45.310. Manufacturer failed to provide a conforming replacement Vehicle or refund within the statutory thirty-day period.
4.6 [IF APPLICABLE] Plaintiff submitted the dispute to Manufacturer’s IDR program on [DATE], received an adverse decision on [DATE], and exhausted all non-judicial remedies.
[// GUIDANCE: Tailor to reflect actual procedural history.]
4.7 As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered damages including, but not limited to, loss of benefit of the bargain, incidental and consequential expenses, diminution in value of the Vehicle, and emotional distress.
5. CAUSES OF ACTION
5.1 Count I – Violation of Alaska Lemon Law
(AS 45.45.300 et seq.)
5.1.1 Plaintiff incorporates ¶¶ 1 – 4.7 by reference.
5.1.2 The Vehicle qualified as a “new motor vehicle” under AS 45.45.300(2). The persisting Non-conformities substantially impair its use, value, and safety.
5.1.3 Manufacturer failed to repair the Non-conformity after a reasonable number of attempts or within 30 business days, constituting a violation of AS 45.45.305.
5.1.4 Pursuant to AS 45.45.305 and AS 45.45.350, Plaintiff is entitled to (a) refund of the full purchase price, less a reasonable allowance for use, or (b) replacement with a comparable new motor vehicle at Plaintiff’s election, plus all incidental and consequential damages, attorneys’ fees, and costs.
5.2 Count II – Breach of Express Warranty
(UCC Art. 2; AS 45.02 et seq.)
5.2.1 Defendants expressly warranted that the Vehicle would be free from defects in materials and workmanship for the Warranty period.
5.2.2 Defendants breached that warranty by failing to repair the Vehicle so that it conformed to the express promises.
5.2.3 Plaintiff provided timely notice and gave Defendants a reasonable opportunity to cure. Plaintiff is therefore entitled to rescission, damages for non-conformity, incidental and consequential damages, and attorneys’ fees.
5.3 Count III – Magnuson-Moss Warranty Act
(15 U.S.C. §§ 2301 – 2312)
5.3.1 The Warranty is a “written warranty” under 15 U.S.C. § 2301(6).
5.3.2 Defendants’ breach of the Warranty constitutes a violation of 15 U.S.C. § 2310(d), entitling Plaintiff to damages, costs, and reasonable attorneys’ fees.
5.4 Count IV – Breach of Implied Warranty of Merchantability
(UCC § 2-314; AS 45.02.314)
5.4.1 The Vehicle was not fit for the ordinary purposes for which such goods are used due to the Non-conformities.
5.4.2 Defendants’ breach entitles Plaintiff to damages, rescission, and all other remedies under the UCC and Alaska law.
5.5 Count V – Violation of Alaska Unfair Trade Practices & Consumer Protection Act
(AS 45.50.471 et seq.)
5.5.1 Defendants engaged in unfair or deceptive acts or practices by misrepresenting the quality of the Vehicle and failing to honor warranty obligations.
5.5.2 Plaintiff is entitled to treble damages, injunctive relief, and attorneys’ fees under AS 45.50.531(a).
6. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, awarding:
a. Replacement of the Vehicle with a new, comparable vehicle or refund of the purchase price, less a reasonable allowance for use, at Plaintiff’s election;
b. Incidental and consequential damages in an amount to be proven at trial, capped at the Vehicle’s full value to comply with agreed liability cap;
c. Treble damages pursuant to AS 45.50.531(a) if Count V is proved;
d. Pre-judgment and post-judgment interest at the maximum legal rate;
e. Reasonable attorneys’ fees and costs pursuant to AS 45.45.350, AS 45.50.537, and 15 U.S.C. § 2310(d);
f. All other legal and equitable relief, including injunctive relief, deemed just and proper.
7. JURY DEMAND
Pursuant to Alaska Rule of Civil Procedure 38(b) and Article I, Section 11 of the Alaska Constitution, Plaintiff demands a trial by jury on all issues so triable.
8. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint and know the contents thereof; the same is true to the best of my knowledge, information, and belief.
Date: __ 202__
[PLAINTIFF NAME]
Subscribed and sworn to before me this _ day of _, 202__.
Notary Public in and for the State of Alaska
My commission expires: ______
9. SIGNATURE BLOCK
Respectfully submitted,
Date: __ 202__
[LAW FIRM NAME]
Attorneys for Plaintiff
By: _____
[ATTORNEY NAME]
ABA No. [__]
[ADDRESS]
[PHONE]
[EMAIL]
[// GUIDANCE:
1. Attach repair orders, correspondence, arbitration decisions, and other supporting exhibits as sequentially-lettered attachments (Ex. A, Ex. B, etc.).
2. Prior to filing, confirm compliance with Alaska R. Civ. P. 4 (service), R. 8 (pleadings), and Administrative Rule 43.3 (electronic signatures).
3. If the Manufacturer maintains a certified informal dispute settlement procedure, confirm it meets 16 C.F.R. Part 703; otherwise, Plaintiff may proceed directly to court under 15 U.S.C. § 2310(a)(3).
4. Double-check statutory citations and mileage/time thresholds in AS 45.45.300 – .360 for any legislative amendments.]