Lemon Law Complaint

DISTRICT OF COLUMBIA LEMON LAW COMPLAINT

1. CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CIVIL DIVISION

CASE NO. [________________________________]

COMPLAINT UNDER THE DISTRICT OF COLUMBIA AUTOMOBILE CONSUMER PROTECTION ACT AND FOR BREACH OF WRITTEN WARRANTY; JURY DEMAND

Plaintiff alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF] resides at [ADDRESS] and purchased, leased, or received the Vehicle described below during the applicable warranty period.

2. Defendant [MANUFACTURER] manufactured the Vehicle, issued or is obligated under the warranty attached as Exhibit A, and may be served through [AGENT AND ADDRESS].

3. This Court has subject-matter jurisdiction because [STATE THE COURT-SPECIFIC BASIS AND AMOUNT IN CONTROVERSY].

4. Venue is proper in the District because [STATE THE FACTS SUPPORTING VENUE].

3. VEHICLE, TRANSACTION, AND COVERAGE

5. On [DATE], Plaintiff took original delivery of a [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [SELLING / LEASING DEALER] under the transaction documents attached as Exhibit B.

6. Plaintiff is a purchaser other than for resale, a lessee or transferee during the warranty, or another person entitled to enforce the warranty and therefore is a “consumer” under D.C. Code § 50-501(2).

7. The Vehicle was manufactured for sale, offered for sale, sold, or registered in the District and was designed primarily to transport a driver and passengers on public roads. It is not a public-transportation bus, motorcycle, motor home, or motorized recreational vehicle. D.C. Code § 50-501(9).

8. When Plaintiff reported the nonconformity, the Vehicle was within the first 18,000 miles of operation or first two years after original delivery, whichever period ended earlier, and therefore was a “new motor vehicle” under D.C. Code § 50-501(10).

9. The Vehicle had a written or implied manufacturer warranty, attached as Exhibit A. D.C. Code § 50-501(14).

4. NONCONFORMITY AND REPAIR HISTORY

10. During the applicable first-18,000-mile / two-year period, Plaintiff reported the following nonconformity, defect, or condition to Defendant, its agent, or its authorized dealer:

[DESCRIBE EACH CONDITION, WHEN IT APPEARED, THE WARRANTY PROVISION, AND ITS EFFECT ON RELIABILITY, SAFETY, OR RESALE VALUE].

11. The condition significantly impaired the Vehicle because it rendered the Vehicle unreliable or unsafe for normal operation or reduced its resale value below the average resale value for comparable vehicles. D.C. Code § 50-501(12).

12. A claimed safety-related defect [REDUCED / DID NOT REDUCE] the operator's ability to control the Vehicle in normal operation or created a risk of fire, explosion, or another life-threatening malfunction. D.C. Code § 50-501(11).

13. The condition was not caused by abuse, neglect, or an unauthorized modification or alteration. D.C. Code § 50-502(c).

14. Plaintiff first reported and presented the Vehicle for repair on [DATE], at [MILEAGE] miles.

15. The repair history is documented by the repair orders attached as Exhibit C:

16. Select every applicable presumption allegation under D.C. Code § 50-502(d):

• ☐ The same non-safety-related condition was subject to repair at least four times after Plaintiff's notification during the applicable period, but it continues to exist.
• ☐ The same safety-related condition was subject to repair at least once after Plaintiff's notification during the applicable period, but it continues to exist.
• ☐ The Vehicle was out of service for repair of significantly impairing conditions for at least 30 cumulative days during the applicable period.
• ☐ Even if a statutory presumption is disputed, Defendant had a reasonable number of attempts under the facts proved.

17. Any extension of the 30-day out-of-service period must be limited to time when repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster. D.C. Code § 50-502(e).

5. REQUIRED BOARD SUBMISSION AND TIMELINESS

18. Plaintiff first submitted a claim seeking refund or replacement to the Board of Consumer Claims Arbitration under D.C. Code §§ 50-502(f) and 50-503 on [DATE]. The claim and Board record are attached as Exhibit D.

19. Select the branch authorizing court proceedings:

• ☐ The Board rejected the case for arbitration on [DATE], permitting Plaintiff to bring this action under § 50-502(f).
• ☐ The claim was arbitrated, the Board issued its decision on [DATE], and Plaintiff rejected the decision, permitting Plaintiff to bring this action under § 50-502(f).
• ☐ Plaintiff timely petitioned within 20 days after receiving the Board's decision to vacate the decision and obtain a trial de novo under § 50-503(s). [STATE THE STATUTORY GROUND AND PROCEDURAL POSTURE.]

20. This action was commenced within four years after original delivery of the Vehicle. D.C. Code § 50-507(b).

6. COUNT I — DISTRICT OF COLUMBIA AUTOMOBILE CONSUMER PROTECTION ACT

21. Plaintiff incorporates paragraphs 1 through 20, with unused alternatives deleted.

22. Plaintiff timely reported a covered condition, but Defendant and its agent or authorized dealer were unable to correct the significantly impairing condition after a reasonable number of attempts.

23. Under D.C. Code § 50-502(b), Plaintiff elects:

• ☐ Replacement with a comparable motor vehicle; or
• ☐ Return of the Vehicle and refund of the full purchase price, including sales tax, license fees, registration fees, and similar governmental charges.

24. If Plaintiff elects a refund, Defendant may deduct only:

• A reasonable use allowance not exceeding ten cents per mile for use over the first 12,000 miles of operation; and
• A reasonable allowance for damage not attributable to normal wear or the significantly impairing condition.

25. Any refund must be paid to Plaintiff and the lienholder, if any, as their interests appear on the applicable ownership records. D.C. Code § 50-502(b).

7. COUNT II — MAGNUSON-MOSS WARRANTY ACT (OPTIONAL)

26. Plaintiff incorporates paragraphs 1 through 20.

27. The Vehicle is a consumer product, Plaintiff is a consumer, Defendant is a warrantor, and Exhibit A is a written warranty within 15 U.S.C. § 2301.

28. Defendant failed to comply with its written-warranty obligations by [IDENTIFY THE WARRANTY PROMISE AND FACTUAL BREACH].

29. Plaintiff satisfied any applicable notice and qualifying informal-procedure prerequisite under 15 U.S.C. § 2310(a).

30. Plaintiff seeks damages and other legal or equitable relief under 15 U.S.C. § 2310(d)(1)(A), together with costs and reasonable attorney fees if awarded under § 2310(d)(2).

8. PRAYER FOR RELIEF

Plaintiff requests judgment awarding:

1. The comparable replacement or return-and-refund remedy elected by Plaintiff under D.C. Code § 50-502(b);
2. An order enforcing any retained Board relief under D.C. Code § 50-503(r), if applicable;
3. Damages and other relief proved under the written warranty and 15 U.S.C. § 2310, if Count II is retained;
4. Costs and reasonable attorney fees if authorized and awarded under a retained claim;
5. Prejudgment and post-judgment interest where authorized; and
6. Any further relief the Court deems proper.

9. JURY DEMAND

Plaintiff demands a trial by jury on every issue so triable and will comply with every current Superior Court jury-demand requirement.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

D.C. Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Written or implied manufacturer warranty materials
• ☐ Exhibit B — Purchase or lease documents and original-delivery proof
• ☐ Exhibit C — Complete repair orders and out-of-service calculation
• ☐ Exhibit D — Board claim, eligibility determination, arbitration record, and decision
• ☐ Exhibit E — Documents supporting purchase-price components, governmental charges, lien, mileage, and claimed relief

12. SOURCES AND REFERENCES

• D.C. Law Library — Chapter 5, Automobile Consumer Protection
• D.C. Code § 50-501
• D.C. Code § 50-502
• D.C. Code § 50-503
• D.C. Code § 50-507
• GovInfo — 15 U.S.C. § 2301
• GovInfo — 15 U.S.C. § 2310