[COURT NAME]

State of Colorado
[COUNTY] County

[PLAINTIFF NAME], an individual,
  Plaintiff,

v.

[DEFENDANT MANUFACTURER], a [STATE OF INCORPORATION] corporation; and
[DEFENDANT DEALERSHIP] (if applicable), a [STATE] limited liability company,
  Defendants.

Civil Action No.: [_]
Division/Courtroom: [_]

COMPLAINT AND JURY DEMAND
(Violation of Colorado Lemon Law, Colo. Rev. Stat. § 42-10-101 et seq.; Breach of Express Warranty; Magnuson-Moss Warranty Act)

[// GUIDANCE: Insert the correct court caption exactly as required by Colo. R. Civ. P. 10(a).]

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. General Allegations
   3.1 Vehicle Description
   3.2 Applicable Warranties
   3.3 Nonconformities and Repair History
   3.4 Statutory Notice and Opportunity to Cure
4. Causes of Action
   Count I – Colorado Lemon Law (Colo. Rev. Stat. § 42-10-101 et seq.)
   Count II – Breach of Express Warranty (U.C.C. §§ 2-313, 2-714, 2-715; Colo. Rev. Stat. § 4-2-601 et seq.)
   Count III – Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
5. Conditions Precedent
6. Prayer for Relief
7. Jury Demand
8. Verification (optional)
9. Signature Block

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a natural person of the age of majority, residing at [ADDRESS], [CITY], Colorado.

1.2 Defendant [DEFENDANT MANUFACTURER] (“Manufacturer”) is a corporation organized under the laws of [STATE] with its principal place of business at [ADDRESS] and is authorized to do, and does, business in Colorado.

1.3 Defendant [DEFENDANT DEALERSHIP] (“Dealer”) is, on information and belief, a [ENTITY TYPE] with its principal place of business at [ADDRESS], and is engaged in the sale of motor vehicles in Colorado.
[// GUIDANCE: Omit Dealer if not pursuing claims against selling dealer.]

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Colo. Const. art. VI, § 9 and Colo. Rev. Stat. § 13-1-124 because the claims arise under Colorado law and the amount in controversy does not exceed the jurisdictional limits of this Court.

2.2 Personal jurisdiction is proper because Defendants transact business, market vehicles, and have purposefully directed activities within the State of Colorado.

2.3 Venue is proper in this County under Colo. R. Civ. P. 98(c) because the transactions giving rise to the claims occurred here and/or Defendants reside or maintain a principal place of business here.

3. GENERAL ALLEGATIONS

3.1 Vehicle Description

3.1.1 On [PURCHASE DATE], Plaintiff purchased a new [YEAR] [MAKE] [MODEL] bearing Vehicle Identification Number [VIN] (the “Vehicle”) from Dealer for the total purchase price of $[PURCHASE PRICE], inclusive of all taxes and fees.

3.1.2 At the time of purchase the Vehicle had [MILEAGE AT PURCHASE] miles on the odometer.

3.2 Applicable Warranties

3.2.1 Manufacturer issued a written [TERM]-mile/-year bumper-to-bumper warranty and a powertrain warranty covering the Vehicle (“Warranties”).

3.2.2 The Warranties expressly warrant that the Vehicle is free from defects in materials and workmanship and obligate Manufacturer to repair any covered defects within a reasonable time.

3.3 Nonconformities and Repair History

3.3.1 After delivery, the Vehicle manifested the following nonconformities (collectively, “Defects”), among others:
 (a) [DESCRIPTION OF DEFECT #1];
 (b) [DESCRIPTION OF DEFECT #2]; and
 (c) [ADDITIONAL DEFECTS].

3.3.2 Plaintiff presented the Vehicle for repair on at least [NUMBER OF REPAIR ATTEMPTS] separate occasions, and the Vehicle has been out of service for cumulative periods totaling [DAYS OUT OF SERVICE] days, all within the first [12 MONTHS/12,000 MILES] after delivery. A true and correct copy of the repair orders is attached as Exhibit A.

3.3.3 Despite these repair attempts, the Defects persist and substantially impair the use, value, and safety of the Vehicle.

3.4 Statutory Notice and Opportunity to Cure

3.4.1 On [DATE NOTICE SENT], in compliance with Colo. Rev. Stat. § 42-10-103(1)(c), Plaintiff provided Manufacturer written notice via certified mail, return receipt requested, of the Defects and demanded repair or replacement (“Statutory Notice”). A copy of the Statutory Notice and proof of mailing are attached as Exhibit B.

3.4.2 Manufacturer failed to conform the Vehicle to the Warranties within the additional reasonable opportunity required by statute.

3.4.3 Plaintiff has satisfied all prerequisites to filing suit, including participation in [NAME OF INFORMAL DISPUTE SETTLEMENT PROGRAM] certified under 16 C.F.R. Part 703, or, in the alternative, no such qualified program exists or was offered to Plaintiff.
[// GUIDANCE: If no informal settlement program applies, replace paragraph 3.4.3 with “No Manufacturer-sponsored informal dispute settlement procedure meeting federal guidelines is available.”]

4. CAUSES OF ACTION

COUNT I

Violation of Colorado Lemon Law
(Colo. Rev. Stat. § 42-10-101 et seq.)

4.1 Plaintiff re-alleges and incorporates by reference ¶¶ 1–3.4.3.

4.2 The Vehicle is a “motor vehicle” covered by Colo. Rev. Stat. § 42-10-101(1)(a).

4.3 Defects manifested within the earlier of one year from the date of delivery or 12,000 miles of operation, satisfying the statutory coverage period under § 42-10-102(1)(a).

4.4 Manufacturer had at least four attempts to repair the same Defect, or the Vehicle was out of service for a cumulative total of 30 or more business days, triggering the statutory presumption of nonconformity. Colo. Rev. Stat. § 42-10-103(2).

4.5 Manufacturer’s failure to conform the Vehicle entitles Plaintiff to a replacement vehicle or refund of the full purchase price, less a reasonable allowance for use, plus collateral charges, attorneys’ fees, and costs. Colo. Rev. Stat. § 42-10-103(1)(a)–(b).

COUNT II

Breach of Express Warranty
(U.C.C. §§ 2-313, 2-714, 2-715; Colo. Rev. Stat. § 4-2-313 et seq.)

4.6 Plaintiff re-alleges ¶¶ 1–4.5.

4.7 Manufacturer’s Warranties constitute express warranties that became part of the basis of the bargain.

4.8 Manufacturer breached the Warranties by failing to repair the Defects within a reasonable time and/or reasonable number of attempts.

4.9 As a direct and proximate result, Plaintiff suffered damages in at least the amount of the purchase price, incidental and consequential damages, and attorneys’ fees as allowed by law.

COUNT III

Magnuson-Moss Warranty Act
(15 U.S.C. § 2301 et seq.)

4.10 Plaintiff re-alleges ¶¶ 1–4.9.

4.11 The Vehicle is a “consumer product” and Plaintiff a “consumer” within the meaning of 15 U.S.C. § 2301.

4.12 Defendants’ breach of express warranties constitutes a violation of 15 U.S.C. § 2310(d)(1), entitling Plaintiff to damages, attorneys’ fees, and costs.

5. CONDITIONS PRECEDENT

5.1 All conditions precedent to the relief sought have occurred, been performed, or have been waived. Colo. R. Civ. P. 9(c).

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendants, jointly and severally, and award:

a. Replacement of the Vehicle with a new, comparable vehicle or, at Plaintiff’s election, a refund of the full purchase price, including all collateral charges, less any statutory use allowance;

b. Incidental and consequential damages as permitted by Colo. Rev. Stat. § 4-2-715;

c. Reasonable attorneys’ fees and costs pursuant to Colo. Rev. Stat. § 42-10-107 and 15 U.S.C. § 2310(d)(2);

d. Pre- and post-judgment interest as allowed by law; and

e. Such other and further relief as the Court deems just and proper.

7. JURY DEMAND

Pursuant to Colo. R. Civ. P. 38, Plaintiff demands a trial by jury on all issues so triable.
[// GUIDANCE: Strike this section if the client elects to waive a jury.]

8. VERIFICATION

[OPTIONAL – include if client prefers or if local rule requires]

I, [PLAINTIFF NAME], verify under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: _//_

[PLAINTIFF NAME]

9. SIGNATURE BLOCK

Respectfully submitted this ___ day of ____ 20__.

[LAW FIRM NAME]
[ADDRESS]
[PHONE] • [EMAIL]

By: _________
 [ATTORNEY NAME], # [BAR NO.]
 Attorney for Plaintiff

[// GUIDANCE:
1. Attach Exhibits A (repair orders) and B (statutory notice/proof of mailing).
2. Confirm compliance with Colo. R. Civ. P. 121 § 1-26 regarding electronic signatures and filings.
3. Prior to filing, ensure all private information is redacted per C.R.C.P. 5.2.
4. Evaluate potential federal jurisdiction under 15 U.S.C. § 2310(d)(3)(B) (amount in controversy) and diversity; remove federal claim or amend caption for U.S. District Court if strategic.
5. Calendar the statutory limitations period (1 year after expiration of warranty term, Colo. Rev. Stat. § 42-10-103(4)).]