Lemon Law Complaint - Hawaii

HAWAII LEMON LAW COMPLAINT

1. CAPTION

IN THE [NAME OF HAWAII COURT WITH SUBJECT-MATTER JURISDICTION]

STATE OF HAWAII

CIVIL NO. [________________________________]

COMPLAINT UNDER THE MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT ACT

Plaintiff alleges as follows:

2. ROUTE SELECTION AND TIMELINESS

Select one route and delete the other:

• ☐ Route A — Original action. Plaintiff initiates this action under Haw. Rev. Stat. § 481I-3 no later than one year following expiration of the lemon law rights period. Haw. Rev. Stat. § 481I-3(j).
• ☐ Route B — Trial de novo. Plaintiff elected nonbinding arbitration, served a written trial-de-novo demand on Defendant within 30 calendar days after service of the arbitration award, and now seeks a trial de novo under Haw. Rev. Stat. § 481I-4(d).

3. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [NAME] is a consumer under Haw. Rev. Stat. § 481I-2 because Plaintiff is [THE NON-RESALE PURCHASER / LESSEE / TRANSFEREE DURING THE EXPRESS-WARRANTY TERM / OTHER PERSON ENTITLED TO ENFORCE THE EXPRESS WARRANTY].

2. Defendant [NAME] manufactured the Vehicle and issued the applicable express warranty.

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

4. Venue is proper because [STATE THE CURRENT FACTUAL AND LEGAL BASIS FOR VENUE].

4. VEHICLE, TRANSACTION, AND COVERAGE

5. On [DATE], Plaintiff [PURCHASED / LEASED / RECEIVED TRANSFER OF] a [YEAR / MAKE / MODEL], VIN [VIN] (the “Vehicle”), from [DEALER OR TRANSFEROR].

6. The transaction documents and original-delivery information are attached as Exhibit A. The manufacturer's express warranty is attached as Exhibit B.

7. The Vehicle is covered by Haw. Rev. Stat. § 481I-2 because it is a self-propelled vehicle primarily designed to transport persons or property over public streets and highways and is used in a qualifying manner.

8. Select the applicable coverage facts:

• ☐ The Vehicle is used primarily for personal, family, or household purposes.
• ☐ The Vehicle is a covered motorcycle, excluding a motor scooter.
• ☐ The Vehicle is a demonstrator.
• ☐ The Vehicle is individually registered and used for both individual business and personal, family, or household purposes.
• ☐ The Vehicle is owned or leased by a sole proprietorship, corporation, or partnership that purchased or leased no more than one vehicle that year and uses it for household, individual, or personal use in addition to business use.

9. The Vehicle is not an excluded moped or motor scooter and does not exceed 10,000 pounds gross vehicle weight rating.

10. The lemon law rights period ended at the earliest of:

• the end of the manufacturer's express-warranty term;
• two years after original delivery; or
• the first 24,000 miles of operation.

Haw. Rev. Stat. § 481I-2.

11. Plaintiff reported the nonconformities alleged below in writing during the lemon law rights period.

5. NONCONFORMITIES AND REPAIR DUTY

12. A nonconformity is a defect, malfunction, or condition that fails to conform to the applicable express warranty and substantially impairs the Vehicle's use, market value, or safety, excluding a condition caused by accident, abuse, neglect, or an unauthorized modification or alteration. Haw. Rev. Stat. § 481I-2.

13. Plaintiff reported these nonconformities:

14. Plaintiff's written reports and delivery proof are attached as Exhibit C.

15. After written reporting during the rights period, Defendant and its agents, distributor, or authorized dealers were required to make the repairs necessary to conform the Vehicle to the express warranty, even if a repair occurred after that period expired. Haw. Rev. Stat. § 481I-3(a).

16. Complete repair orders are attached as Exhibit D:

17. Defendant received a written report of the claimed nonconformity and had a reasonable opportunity to repair it.

6. REASONABLE NUMBER OF ATTEMPTS

18. Select each applicable rebuttable presumption under Haw. Rev. Stat. § 481I-3(d):

• ☐ The same nonconformity was examined or repaired at least three times but continues to exist.
• ☐ A nonconformity likely to cause death or serious bodily injury if the Vehicle is driven was examined or repaired at least once but continues to exist.
• ☐ The Vehicle was out of service by reason of repair of one or more nonconformities for a cumulative total of 30 or more business days during the rights period.

19. A business day is a day when the service departments of the manufacturer's authorized dealers are normally open. Haw. Rev. Stat. § 481I-2.

20. Any extension claimed for the rights period or 30-business-day period must be limited to a period when repair services were unavailable because of war, invasion, strike, fire, flood, or another natural disaster. Haw. Rev. Stat. § 481I-3(d).

21. Even if a statutory presumption is disputed, the documented repair history establishes a reasonable number of attempts because [STATE FACTS AND SUPPORTING EVIDENCE].

7. REQUIRED NOTICE AND STATE ARBITRATION

22. Select the applicable program-notice fact under Haw. Rev. Stat. § 481I-3(g)–(h):

• ☐ At purchase, Plaintiff received the required written notice of the State Certified Arbitration Program, consumer rights, the written-notification requirement, and the manufacturer's notification address. Plaintiff sent written notice to that address on [DATE].
• ☐ Plaintiff did not receive the required written notice. Plaintiff nevertheless sent the written report identified above and pleads the effect of § 481I-3(h) as applicable.

23. Select the applicable arbitration posture:

• ☐ Plaintiff did not elect binding arbitration and proceeds under Route A.
• ☐ Plaintiff invoked nonbinding SCAP arbitration on [DATE]. The award was served on [DATE], and Plaintiff served the written trial-de-novo demand on Defendant on [DATE], within 30 calendar days. Delivery proof is attached as Exhibit E.
• ☐ Plaintiff elected binding arbitration under § 481I-4(c). Do not use this complaint without replacing the trial-de-novo route with the correct Chapter 658A enforcement or challenge procedure.

24. For Route B, Plaintiff acknowledges that the arbitration award is inadmissible and does not offer it as evidence. Haw. Rev. Stat. § 481I-4(d).

8. COUNT I — HAWAII MOTOR VEHICLE EXPRESS WARRANTY ENFORCEMENT ACT

25. Plaintiff incorporates paragraphs 1 through 24, with unused alternatives deleted.

26. Plaintiff timely reported one or more covered nonconformities during the lemon law rights period.

27. Defendant and its agents, distributor, or authorized dealers did not conform the Vehicle to the applicable express warranty after a reasonable number of documented attempts.

28. Under Haw. Rev. Stat. § 481I-3(b), Defendant must provide a replacement motor vehicle or accept return of the Vehicle and refund the full purchase price, including the authorized collateral and incidental charges, less the authorized offset.

29. Plaintiff requests [A REPLACEMENT MOTOR VEHICLE / RETURN AND REFUND], subject to the remedy and offsets the Court determines are authorized by § 481I-3(b).

30. For a refund, collateral charges include qualifying acquisition-related finance and interest charges, installed items, general excise tax, license and registration fees, title charges, and similar government charges. Haw. Rev. Stat. § 481I-2.

31. Incidental charges include reasonable towing and alternative-transportation costs directly caused by the claimed nonconformities, but do not include loss of use, loss of income, or personal-injury claims. Haw. Rev. Stat. § 481I-2.

32. The reasonable use offset is one percent of the purchase price for every 1,000 miles attributable to Plaintiff up to the earliest statutory measuring event identified in Haw. Rev. Stat. § 481I-2.

33. Any additional offset for damage must be limited to damage beyond normal wear and tear, unrelated to and not caused by the nonconformity, as Haw. Rev. Stat. § 481I-3(b) provides.

9. PRAYER FOR RELIEF

Plaintiff requests judgment:

1. Awarding the replacement or return-and-refund remedy proved under Haw. Rev. Stat. § 481I-3(b);
2. Including the collateral and incidental charges proved and authorized by §§ 481I-2 and 481I-3(b);
3. Applying only the use and damage offsets authorized by §§ 481I-2 and 481I-3(b);
4. Awarding taxable court costs and any other relief independently authorized by current law;
5. For Route B, applying the cost-shifting rule in § 481I-4(d) only according to the actual 25-percent comparison and procedural posture; and
6. Granting any further relief the Court deems proper.

10. SIGNATURE BLOCK

Date: [DATE]

Respectfully submitted,

[ATTORNEY NAME]

Hawaii Bar No. [NUMBER]

[FIRM]

[ADDRESS]

[PHONE]

[EMAIL]

Attorney for Plaintiff

11. EXHIBIT CHECKLIST

• ☐ Exhibit A — Purchase, lease, transfer, registration, and original-delivery documents
• ☐ Exhibit B — Manufacturer's express warranty
• ☐ Exhibit C — Written nonconformity reports, statutory notice, and delivery proof
• ☐ Exhibit D — Complete itemized repair orders and business-day calculation
• ☐ Exhibit E — SCAP invocation, proof of award service, and timely written trial-de-novo demand, if Route B
• ☐ Exhibit F — Documents supporting purchase price, lien interests, collateral charges, incidental charges, mileage, and claimed offsets
• ☐ Exhibit G — Evidence of substantial impairment and continuing nonconformity

12. SOURCES AND REFERENCES

• Hawaii Legislature — Chapter 481I
• Hawaii Legislature — HRS § 481I-2
• Hawaii Legislature — HRS § 481I-3
• Hawaii Legislature — HRS § 481I-4
• Hawaii DCCA RICO — Lemon Law / SCAP