[// GUIDANCE: This template is intended for use by licensed attorneys. Customize all bracketed fields, delete inapplicable sections, and conform to local court rules before filing.]
TABLE OF CONTENTS
- Document Header ............................................................. 2
- Definitions .................................................................. 3
- Jurisdiction, Venue, and Parties ............................................. 4
- Factual Allegations .......................................................... 5
- Causes of Action (Counts) .................................................... 7
• Count I – Violation of D.C. Lemon Law ...................................... 7
• Count II – Breach of Express Warranty ...................................... 8
• Count III – Magnuson-Moss Warranty Act (Optional) ........................... 9 - Prayer for Relief ............................................................ 10
- Jury Demand .................................................................. 11
- Verification .................................................................. 11
- Signature Block ............................................................. 12
1. DOCUMENT HEADER
IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT MANUFACTURER FULL LEGAL NAME],
and
[DEFENDANT DEALER FULL LEGAL NAME] (if applicable),
Defendants.
Case No.: _____
COMPLAINT FOR RELIEF UNDER THE DISTRICT OF COLUMBIA
MOTOR VEHICLE WARRANTY ENFORCEMENT ACT (“LEMON LAW”)
AND DEMAND FOR REPLACEMENT OR REFUND
[// GUIDANCE: If local rules require a civil cover sheet, summons, or initial order, attach separately.]
2. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below. Terms defined herein are intended to streamline subsequent allegations and counts.
“Act” or “Lemon Law” – The District of Columbia Motor Vehicle Warranty Enforcement Act, D.C. Code §§ 50-501 to 50-511.
“Vehicle” – The [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN #], purchased by Plaintiff on [DATE].
“Nonconformity” – A defect, condition, or malfunction that substantially impairs the use, value, or safety of the Vehicle.
“Reasonable Repair Attempts” – The lesser of (a) four (4) repair attempts for the same Nonconformity; or (b) thirty (30) calendar days out of service for repairs, as set forth in D.C. Code § 50-503(c).
“Manufacturer’s Dispute Settlement Program” – Any informal dispute resolution mechanism maintained by Defendant Manufacturer pursuant to 16 C.F.R. Part 703 and D.C. Code § 50-503(d).
3. JURISDICTION, VENUE, AND PARTIES
-
Plaintiff [FULL NAME] (“Plaintiff”) is an adult resident of [COUNTY/CITY], District of Columbia, and the original consumer-purchaser of the Vehicle.
-
Defendant [MANUFACTURER NAME] (“Manufacturer”) is a [STATE] corporation with its principal place of business located at [ADDRESS] and transacts substantial business in the District of Columbia, including the sale and servicing of motor vehicles.
-
Defendant [DEALER NAME] (“Dealer”) is a [STATE] corporation authorized to do business in the District and operates the retail dealership where the Vehicle was purchased.
-
This Court has subject-matter jurisdiction under D.C. Code § 11-921 and the Act because the amount in controversy exceeds $[MIN. JURISDICTIONAL AMOUNT] exclusive of interest and costs, and the causes of action arise under District of Columbia statutes.
-
Venue is proper in this Court pursuant to D.C. Code § 13-422 because Defendants conduct business in the District and the transaction at issue occurred herein.
-
Plaintiff has satisfied all statutory prerequisites to filing this action, including but not limited to (i) providing Defendants reasonable opportunity to cure the Nonconformity; and (ii) participating in or offering to participate in the Manufacturer’s Dispute Settlement Program as required by the Act.
[// GUIDANCE: Delete or modify ¶6 if Plaintiff opted not to engage in the program because participation is voluntary under D.C. law.]
4. FACTUAL ALLEGATIONS
-
On [DATE], Plaintiff purchased the Vehicle from Dealer for the total sales price of $[AMOUNT], inclusive of taxes, fees, and optional warranties.
-
The Vehicle was accompanied by Manufacturer’s written limited warranty, providing coverage for [TERM/MILEAGE] and expressly warranting that the Vehicle would be free from defects in materials and workmanship.
-
Beginning on or about [DATE], the Vehicle manifested serious Nonconformities, including but not limited to:
a. [SYMPTOM 1 (e.g., transmission failure)];
b. [SYMPTOM 2 (e.g., engine stalling)]; and
c. [SYMPTOM 3 (e.g., electrical system malfunction)]. -
Plaintiff presented the Vehicle to authorized repair facilities on at least [NUMBER] separate occasions for correction of the same Nonconformity(ies), and the Vehicle was out of service for repairs for a cumulative total of [NUMBER] days. A chronology of repair attempts is attached as Exhibit A.
-
Despite Defendants’ repair efforts, the Nonconformities persist and substantially impair the Vehicle’s use, value, and safety, thereby satisfying the “Reasonable Repair Attempts” threshold under the Act.
-
On [DATE], Plaintiff delivered written notice to Manufacturer demanding replacement of the Vehicle or refund of the purchase price pursuant to D.C. Code § 50-503(e). Copies of said notice and proof of delivery are attached as Exhibit B.
-
Manufacturer [DENIED/IGNORED/FAILED TO RESPOND TO] Plaintiff’s demand within the statutory period.
-
All conditions precedent to the filing of this Complaint have been performed, waived, or otherwise satisfied.
5. CAUSES OF ACTION (COUNTS)
COUNT I
Violation of the District of Columbia Motor Vehicle Warranty Enforcement Act
(D.C. Code §§ 50-501 to 50-511)
-
Plaintiff realleges and incorporates Paragraphs 1 through 14 as though fully set forth herein.
-
The Vehicle constitutes a “motor vehicle” and Plaintiff a “consumer” under D.C. Code § 50-501.
-
Defendants breached their statutory obligations by failing, after Reasonable Repair Attempts, to either (a) replace the Vehicle with a comparable new motor vehicle; or (b) refund the full purchase price, all in violation of D.C. Code § 50-503(e).
-
As a direct and proximate result, Plaintiff has incurred damages equal to the full contract price of the Vehicle, incidental and consequential damages, and reasonable attorneys’ fees and costs pursuant to D.C. Code § 50-505.
COUNT II
Breach of Express Written Warranty
(D.C. Code § 28:2-313; U.C.C. art. 2 as adopted in D.C.)
-
Plaintiff realleges and incorporates Paragraphs 1 through 18 as though fully set forth herein.
-
Defendant Manufacturer’s written limited warranty constituted an express warranty affirming that the Vehicle would be free from defects in materials and workmanship during the warranty period.
-
The persistent Nonconformities constitute breaches of said express warranty.
-
Plaintiff provided timely notice of breach and allowed Manufacturer an opportunity to cure as required by applicable law.
-
Plaintiff suffered damages as described supra, for which Defendants are jointly and severally liable.
COUNT III
Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301–2312 (Optional)
-
Plaintiff realleges and incorporates Paragraphs 1 through 23 as though fully set forth herein.
-
The Vehicle is a “consumer product,” and Defendants are “warrantors” within the meaning of 15 U.S.C. § 2301.
-
By failing to repair or replace the Vehicle, Defendants violated the obligations imposed by 15 U.S.C. § 2304.
-
Plaintiff seeks all available remedies, including costs and reasonable attorneys’ fees under 15 U.S.C. § 2310(d)(2).
[// GUIDANCE: Delete Count III if Plaintiff elects to proceed solely under state law.]
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 comparable new motor vehicle, or, in the alternative, refund of the full purchase price (inclusive of taxes, title, registration, and finance charges) as authorized by D.C. Code § 50-503(e);
B. Incidental and consequential damages in an amount to be proven at trial but not to exceed the Vehicle’s purchase price, consistent with the “Liability Caps” stated herein;
[// GUIDANCE: The metadata instructs that liability caps correspond to vehicle value. Modify if broader damages are sought.]
C. Reasonable attorneys’ fees and costs pursuant to D.C. Code § 50-505 and/or 15 U.S.C. § 2310(d)(2);
D. Pre- and post-judgment interest as allowed by law;
E. Such other and further relief, including equitable and injunctive 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.
[// GUIDANCE: Do not include a jury-trial waiver; District of Columbia law recognizes the constitutional right to a jury in civil actions exceeding $20, unless waived.]
8. VERIFICATION
I, [PLAINTIFF NAME], being duly sworn, state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint; and that the facts alleged therein are true and correct to the best of my knowledge, information, and belief.
Date: _______
[PLAINTIFF NAME]
District of Columbia, ss:
Subscribed and sworn before me on this ___ day of ____ 20__, by [PLAINTIFF NAME].
Notary Public
My commission expires: _____
[// GUIDANCE: Local rules may permit an unsworn declaration under 28 U.S.C. § 1746 in lieu of notarization. Substitute as necessary.]
9. SIGNATURE BLOCK
Respectfully submitted,
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
By: _____
[ATTORNEY NAME], Esq.
D.C. Bar No. [NUMBER]
Counsel for Plaintiff