IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], an individual,
Plaintiff,
v.
[DEFENDANT NAME], a [STATE OF INCORPORATION] corporation d/b/a [MANUFACTURER/SUBSIDIARY],
Defendant.

Case No.: ______

COMPLAINT FOR VIOLATION OF ARIZONA LEMON LAW,
MAGNUSON-MOSS WARRANTY ACT, AND RELATED RELIEF
(JURY TRIAL DEMANDED)

[// GUIDANCE: Insert court-assigned case number upon filing. Arizona counties assign different prefixes—verify local practice.]

TABLE OF CONTENTS

1. Preliminary Statement, Jurisdiction, and Venue
2. Parties
3. Statutory Framework and Defined Terms
4. General Allegations
5. Causes of Action
   • Count I – Violation of Arizona Motor Vehicle Warranties Act (“AZ Lemon Law”)
   • Count II – Violation of Magnuson-Moss Warranty Act
   • Count III – Breach of Express Warranty (U.C.C.)
6. Prayer for Relief
7. Jury Demand
8. Rule 11 Certification
9. Certificate Re: Compulsory Arbitration
10. Verification
11. Signature Block

[// GUIDANCE: Update section numbering if additional counts are added.]

1. PRELIMINARY STATEMENT, JURISDICTION, AND VENUE

1.1 This is a civil action arising out of Defendant’s failure to conform a new motor vehicle to the warranties required under the Arizona Motor Vehicle Warranties Act, Ariz. Rev. Stat. §§ 44-1261 – 1267 (2023) (the “AZ Lemon Law”), the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act, 15 U.S.C. §§ 2301 – 2312, and Article 2 of the Uniform Commercial Code as adopted in Arizona, Ariz. Rev. Stat. §§ 47-2101 et seq.

1.2 Jurisdiction and venue are proper in this Court because:

a. The transaction at issue occurred within [COUNTY] County, Arizona;
b. Defendant transacts business and may be served within this County; and
c. The amount in controversy exceeds the compulsory arbitration limits set forth in Ariz. R. Civ. P. 72.

1.3 Plaintiff seeks statutory remedies including vehicle replacement or repurchase, incidental and consequential damages, civil penalties up to the vehicle’s purchase price, reasonable attorneys’ fees and costs, and any other relief the Court deems just.

2. PARTIES

2.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a natural person and “consumer” within the meaning of Ariz. Rev. Stat. § 44-1261(3) who resides at [PLAINTIFF ADDRESS].

2.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [DEFENDANT ADDRESS], and is a “manufacturer” within the meaning of Ariz. Rev. Stat. § 44-1261(5).

[// GUIDANCE: Add dealership entities as additional defendants if strategic.]

3. STATUTORY FRAMEWORK AND DEFINED TERMS

For ease of reference, capitalized terms have the meanings set forth below, consistent with the AZ Lemon Law:

“Motor Vehicle” Ariz. Rev. Stat. § 44-1261(4).
“Nonconformity” Ariz. Rev. Stat. § 44-1261(7).
“Reasonable Repair Attempts” Ariz. Rev. Stat. § 44-1264(A).
“Replacement” / “Repurchase” Remedies under Ariz. Rev. Stat. § 44-1263.

[// GUIDANCE: Add further defined terms if the pleading becomes more complex.]

4. GENERAL ALLEGATIONS

4.1 On or about [PURCHASE DATE], Plaintiff purchased a new [YEAR, MAKE, MODEL, VIN] (the “Vehicle”) from [DEALER NAME] for a total purchase price of $[PRICE].

4.2 The Vehicle is covered by Defendant’s written express warranty with a term of [TERM] miles/years.

4.3 The Vehicle manifested the following Nonconformities, each of which substantially impairs its use, value, or safety:
a. [DESCRIPTION OF DEFECT #1] (first observed on [DATE]);
b. [DESCRIPTION OF DEFECT #2];
c. [Add additional defects as needed].

4.4 Plaintiff presented the Vehicle for warranty repair on at least [NUMBER] separate occasions, including but not limited to:

4.5 Despite these Reasonable Repair Attempts, the Nonconformities persist.

4.6 Plaintiff provided written notice of the continuing Nonconformities to Defendant on [DATE] via [CERTIFIED MAIL / EMAIL].

4.7 Manufacturer Dispute-Resolution Program
a. Defendant maintains an informal dispute-settlement mechanism (“IDSM”) certified under 16 C.F.R. § 703.
b. Plaintiff submitted a claim to the IDSM on [DATE] and completed all required steps; however, the IDSM failed to provide relief within 40 days.
[OR]
b. No certified IDSM was available; therefore, statutory pre-suit arbitration is deemed satisfied.

[// GUIDANCE: Attach IDSM decision or correspondence as Exhibit A.]

4.8 Consequently, all conditions precedent to filing this action have been satisfied or excused.

5. CAUSES OF ACTION

COUNT I

Violation of the Arizona Motor Vehicle Warranties Act (AZ Lemon Law)
(Ariz. Rev. Stat. §§ 44-1261 – 1267)

5.1–5.5 Plaintiff realleges paragraphs 1.1 through 4.8 as though fully set forth herein.

5.6 The Vehicle is a “Motor Vehicle” and Plaintiff is a “Consumer” under the Act.

5.7 Defendant failed to repair or replace the Vehicle after Reasonable Repair Attempts, thereby violating Ariz. Rev. Stat. § 44-1263(A).

5.8 As a direct result, Plaintiff has suffered damages, including, without limitation, loss of use, diminution in value, incidental and consequential damages, and statutory civil penalties up to the Vehicle’s purchase price.

COUNT II

Violation of the Magnuson-Moss Warranty Act
(15 U.S.C. §§ 2301 – 2312)

5.9–5.13 Plaintiff realleges all preceding paragraphs.

5.14 Defendant’s breach of written and implied warranties constitutes a violation of 15 U.S.C. § 2310(d).

5.15 Plaintiff is entitled to all remedies available, including costs and reasonable attorneys’ fees.

COUNT III

Breach of Express Warranty (U.C.C. §§ 2-313, 2-714)

5.16–5.20 Plaintiff realleges all preceding paragraphs.

5.21 Defendant’s written warranty constituted an affirmation of fact and promise relating to the Vehicle.

5.22 Defendant’s failure to conform the Vehicle to the warranty constitutes a breach, entitling Plaintiff to damages equal to the difference in value between the warranted condition and the nonconforming condition, plus incidental and consequential damages.

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:

a. Order Defendant to replace the Vehicle with a comparable new vehicle or repurchase the Vehicle for the full contract price, less a reasonable offset for use, pursuant to Ariz. Rev. Stat. § 44-1263(A);
b. Award incidental and consequential damages, including but not limited to towing, rental, and diagnostic expenses;
c. Award civil damages equal to the Vehicle’s purchase price pursuant to Ariz. Rev. Stat. § 44-1265;
d. Award costs of suit and reasonable attorneys’ fees under both the AZ Lemon Law and 15 U.S.C. § 2310(d)(2);
e. Award pre- and post-judgment interest as allowed by law; and
f. Grant such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to the Arizona Constitution.

[// GUIDANCE: If client prefers bench trial, delete and initial next to deletion.]

8. RULE 11 CERTIFICATION

Undersigned counsel certifies that the claims and legal contentions herein are warranted by existing law and that factual contentions have evidentiary support, all in accordance with Ariz. R. Civ. P. 11.

9. CERTIFICATE RE: COMPULSORY ARBITRATION

The undersigned certifies that this matter is not subject to the compulsory arbitration provisions of Ariz. R. Civ. P. 72 because the amount in controversy exceeds $[LOCAL LIMIT].

10. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Arizona that I have read the foregoing Complaint and know the contents thereof, and that the same is true and correct to the best of my knowledge and belief.

Date: __ _____
[PLAINTIFF NAME]

11. SIGNATURE BLOCK

Respectfully submitted this ___ day of [MONTH], 20[YY].

[LAW FIRM NAME]

By: ________
[ATTORNEY NAME]
Attorney for Plaintiff
Address: [ADDRESS]
Phone: [PHONE]
Email: [EMAIL]
AZ Bar No.: [BAR NO.]

[// GUIDANCE:
1. Attach Exhibits: purchase contract, repair orders, written notice, IDSM documents.
2. Confirm county-specific filing requirements (cover sheet, summons, filing fee).
3. Serve manufacturer’s statutory agent registered with the Arizona Corporation Commission.
4. Calendar the four-year statute of limitations under Ariz. Rev. Stat. § 44-1264(G).]