Lemon Law Complaint

SUPERIOR COURT OF CONNECTICUT

JUDICIAL DISTRICT OF [JUDICIAL_DISTRICT] AT [COURT_LOCATION]

[CONSUMER_NAME],
Plaintiff,

v.

[DEFENDANT_MANUFACTURER_NAME],
Defendant.

Civil Action No.: [DOCKET_NUMBER]

JURY TRIAL DEMANDED

VERIFIED COMPLAINT

(for Violation of Connecticut “Lemon Law,” Conn. Gen. Stat. § 42-179, Breach of Express Warranty, and Related Relief)

TABLE OF CONTENTS

1. Parties .............................................................................................................................. 2
2. Jurisdiction and Venue .................................................................................................... 2
3. Definitions ...................................................................................................................... 3
4. Factual Allegations ......................................................................................................... 4

5. Causes of Action
   • Count I – Violation of Conn. Gen. Stat. § 42-179 (“Lemon Law”) ............................ 6
   • Count II – Breach of Express Warranty ................................................................. 7
   • Count III – Violation of CUTPA (Optional) ............................................................ 8

6. Conditions Precedent & Statutory Compliance .............................................................. 9

7. Demand for Jury Trial .................................................................................................... 9
8. Prayer for Relief ............................................................................................................. 9
9. Certification .................................................................................................................. 10

1. PARTIES

1.1 Plaintiff [CONSUMER_NAME] (“Plaintiff”) is an individual residing at [ADDRESS], and at all relevant times was the purchaser of the motor vehicle described herein.
1.2 Defendant [DEFENDANT_MANUFACTURER_NAME] (“Defendant”) is a [STATE] corporation with its principal place of business at [ADDRESS] and transacts business in Connecticut by marketing, warranting, and selling new motor vehicles.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Conn. Gen. Stat. §§ 51-164s & 42-179(g).
2.2 Personal jurisdiction is proper because Defendant conducts substantial, continuous business in Connecticut and committed the statutory violations alleged herein within this State.
2.3 Venue is proper in this Judicial District under Conn. Gen. Stat. § 51-344 because the Plaintiff resides here and the transaction at issue occurred here.
2.4 The amount in demand exceeds $15,000, exclusive of interest and costs.

3. DEFINITIONS

3.1 “Vehicle” means the [YEAR] [MAKE] [MODEL] motor vehicle, Vehicle Identification Number [VIN], purchased by Plaintiff on [DATE_OF_PURCHASE].
3.2 “Express Warranty” means any written warranty provided by Defendant, including but not limited to Defendant’s [NAME OF WARRANTY BOOKLET] and any representations contained in marketing materials.
3.3 “Reasonable Allowance for Use” has the meaning set forth in Conn. Gen. Stat. § 42-179(e)(2).
3.4 “Collateral Charges” means charges incident to the Vehicle’s purchase, including sales tax, registration fees, finance charges, and other items recoverable under Conn. Gen. Stat. § 42-179(e)(1).

4. FACTUAL ALLEGATIONS

4.1 On [DATE_OF_PURCHASE], Plaintiff purchased the Vehicle from [DEALERSHIP] for [PURCHASE_PRICE].
4.2 At the time of sale, Defendant issued its Express Warranty covering the Vehicle for [WARRANTY_TERM].
4.3 Beginning on or about [DATE], the Vehicle exhibited non-conformities, including but not limited to [DESCRIBE DEFECTS] (collectively, the “Defects”).
4.4 Plaintiff presented the Vehicle to Defendant’s authorized repair facilities on no fewer than [NUMBER] separate occasions (service dates: [LIST DATES]) and/or the Vehicle remained out of service for a cumulative total of [NUMBER] days, yet the Defects persist.
4.5 Each Defect substantially impairs the use, value, and/or safety of the Vehicle.
4.6 Plaintiff timely notified Defendant of the Defects and requested relief under Conn. Gen. Stat. § 42-179.
4.7 Despite Plaintiff’s requests, Defendant failed to replace the Vehicle or refund the purchase price as mandated by statute.
4.8 [Optional if applicable] On [DATE], Plaintiff submitted the dispute to the Department of Consumer Protection’s arbitration program; the panel issued its decision on [DATE], ordering [RELIEF ORDERED OR NOT ORDERED]. Defendant has failed to comply.

5. CAUSES OF ACTION

COUNT I – Violation of the Connecticut New Automobile Warranties Act (“Lemon Law”)

(Conn. Gen. Stat. § 42-179)

5.1 Plaintiff incorporates Paragraphs 1-4 as if fully set forth herein.
5.2 The Vehicle qualifies as a “new motor vehicle” under Conn. Gen. Stat. § 42-179(a)(2).
5.3 Defects arose and were reported within the first two years of delivery or before 24,000 miles of operation, satisfying Conn. Gen. Stat. § 42-179(b).
5.4 Defendant received a reasonable number of attempts to repair, as defined by Conn. Gen. Stat. § 42-179(c), yet failed to conform the Vehicle to its Express Warranty.
5.5 Under Conn. Gen. Stat. § 42-179(e), Plaintiff is entitled to (a) a comparable replacement vehicle or (b) a refund equal to the full purchase price plus Collateral Charges less a Reasonable Allowance for Use.
5.6 Defendant’s refusal constitutes a per-se statutory violation, warranting damages, attorney’s fees, and costs pursuant to Conn. Gen. Stat. § 42-179(f).

COUNT II – Breach of Express Warranty

(Conn. Gen. Stat. § 42a-2-313 & § 42-179)

5.7 Plaintiff incorporates Paragraphs 1-4 and 5.1-5.6 above.
5.8 Defendant’s Express Warranty constituted an affirmation of fact that the Vehicle would be free from Defects and fit for ordinary use.
5.9 The persistent Defects constitute a breach of that Express Warranty.
5.10 As a direct and proximate result, Plaintiff has suffered damages equal to the purchase price of the Vehicle, incidental and consequential damages, and attorney’s fees.

COUNT III – Violation of the Connecticut Unfair Trade Practices Act (“CUTPA”)

(Conn. Gen. Stat. § 42-110b) [Optional]

5.11 Plaintiff incorporates all preceding paragraphs.
5.12 Defendant’s failure to honor its statutory and express warranty obligations constitutes an unfair and deceptive trade practice in violation of CUTPA.
5.13 Plaintiff is entitled to actual damages, punitive damages, and attorney’s fees under Conn. Gen. Stat. § 42-110g.

6. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE

6.1 All conditions precedent, including notice to Defendant and, where elected, participation in the Department of Consumer Protection arbitration program, have been performed, occurred, or been waived.
6.2 Plaintiff has complied with Conn. Practice Book § 10-14 by conducting a reasonable inquiry into the factual and legal grounds for this action.

7. DEMAND FOR JURY TRIAL

Pursuant to Article I § 19 of the Connecticut Constitution and Conn. Practice Book §§ 14-7 & 23-51, Plaintiff respectfully demands a trial by jury on all issues so triable.

8. PRAYER FOR RELIEF

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

a. A comparable replacement vehicle of equal value and specifications, or, at Plaintiff’s election, a refund of the full [PURCHASE_PRICE] plus Collateral Charges, less any Reasonable Allowance for Use;
b. Incidental and consequential damages as permitted by law;
c. Reasonable attorney’s fees and costs under Conn. Gen. Stat. § 42-179(f) and, if Count III is pursued, § 42-110g(d);
d. Pre- and post-judgment interest as allowed by law;
e. Such other and further relief—including equitable or injunctive relief—as the Court deems just and proper.

9. CERTIFICATION

I hereby certify that a copy of this Complaint has been or will promptly be served on the Defendant in accordance with Conn. Practice Book §§ 10-12 et seq. and applicable statutes.

Date: ______________ 20__ Respectfully submitted,

_________________________________
[CONSUMER_NAME]
Plaintiff, Pro Se [OR “By Counsel”]
[ADDRESS]
[PHONE]
[EMAIL]

SIGNATURE OF ATTORNEY (if represented)

_________________________________
[ATTORNEY_NAME] (Juris No. __________)
[LAW FIRM]
[ADDRESS]
Telephone: [PHONE]
Email: [EMAIL]