IN THE DISTRICT COURT OF THE [___] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [___]

[// GUIDANCE: Verify local rule citation format for caption spacing, attorney bar numbers, and document titles.]

Civil Case No.: ___

COMPLAINT FOR:
1. Violation of Idaho Motor Vehicle Warranties Act (Idaho “Lemon Law”)
2. Breach of Express Warranty
3. Breach of Implied Warranty of Merchantability
4. Violation of Federal Magnuson-Moss Warranty Act
5. Any Additional Causes of Action as Pleaded Herein

DEMAND FOR JURY TRIAL

[// GUIDANCE: Add “Summons” and other first-paper requirements per I.R.C.P. 3 & 4.]

TABLE OF CONTENTS

1. Parties ............................................................................................. 2
2. Jurisdiction & Venue ........................................................................ 2
3. Statutory Framework & Coverage Definitions ........................................ 3
4. General Allegations .......................................................................... 4
5. Causes of Action .............................................................................. 7
   5.1. Idaho Lemon Law Violation ..................................................... 7
   5.2. Breach of Express Warranty .................................................... 8
   5.3. Breach of Implied Warranty of Merchantability ............................ 9
   5.4. Magnuson-Moss Warranty Act .................................................. 10
6. Prayer for Relief .............................................................................. 11
7. Demand for Jury Trial ..................................................................... 12
8. Verification ..................................................................................... 13
9. Signature Block ............................................................................... 14

[// GUIDANCE: Update page numbers after final formatting.]

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an adult individual domiciled in [County], Idaho, who purchased the motor vehicle described below for personal, family, or household purposes.

1.2 Manufacturer. [MANUFACTURER NAME] (“Manufacturer”) is a [State] corporation with its principal place of business at [Address] and does business in Idaho, including within this judicial district.

1.3 Dealer. [DEALER NAME] (“Dealer”) is a [entity type] authorized to sell Manufacturer’s vehicles and transacts business in Idaho at [Dealer Address].

1.4 Does. Plaintiff is unaware of the true names and capacities of defendants sued herein as DOES 1-10 and will amend this Complaint when their identities have been ascertained. (Idaho R. Civ. P. 10(a).)

2. JURISDICTION & VENUE

2.1 Subject-Matter Jurisdiction. This Court possesses subject-matter jurisdiction under Idaho Code § 1-705 and Idaho Constitution art. V, § 20 because the amount in controversy exceeds $10,000 and involves statutory claims arising under Idaho Code §§ 48-901–912 (2023).

2.2 Personal Jurisdiction. Each Defendant purposefully availed itself of the privilege of conducting business in Idaho by marketing, selling, and servicing the subject vehicle.

2.3 Venue. Venue is proper in this County under Idaho Code § 5-404(1) because Defendants reside or may be found here and the cause of action arose here.

[// GUIDANCE: Consider adding diversity or supplemental federal jurisdiction allegations if removal is anticipated.]

3. STATUTORY FRAMEWORK & COVERAGE DEFINITIONS

3.1 Idaho Motor Vehicle Warranties Act (“Idaho Lemon Law”). Idaho Code §§ 48-901–912 (2023) provides that a manufacturer must repair any “Nonconformity” in a “Motor Vehicle” within the “Warranty Period,” and, failing that, must replace the vehicle or refund the purchase price.

3.2 Coverage Definitions. For purposes of this Complaint:

a. “Motor Vehicle” means a new self-propelled vehicle, designed primarily for use on public highways, sold or registered in Idaho (Idaho Code § 48-902(2)).
b. “Nonconformity” means any defect or condition that substantially impairs the use, value, or safety of the Motor Vehicle and is covered by the Manufacturer’s warranty (Idaho Code § 48-902(3)).
c. “Consumer” means a purchaser, lessee, or transferee of a Motor Vehicle for personal, family, or household use (Idaho Code § 48-902(1)).
d. “Warranty Period” means the earlier of (i) the period ending two (2) years after delivery of the Motor Vehicle to the Consumer, or (ii) the first 24,000 miles of operation (Idaho Code § 48-903(1)).
e. “Informal Dispute Settlement Procedure” refers to any manufacturer-sponsored, state-approved arbitration or mediation program satisfying 16 C.F.R. Part 703 and Idaho Code § 48-907.

3.3 Federal Magnuson-Moss Warranty Act. 15 U.S.C. §§ 2301–2312 (2022) provides a private right of action for breach of written or implied warranties in consumer products exceeding $25.00 in value.

4. GENERAL ALLEGATIONS

4.1 Vehicle Purchase. On or about [Date], Plaintiff purchased a new [Year, Make, Model, VIN] (the “Vehicle”) from Dealer for a total purchase price of $[___], inclusive of taxes and fees. The Vehicle was accompanied by Manufacturer’s written new-vehicle warranty.

4.2 Discovery of Nonconformities. Within the Warranty Period, the Vehicle manifested the following Nonconformities, among others:
a. [Nonconformity #1 – e.g., engine stalling];
b. [Nonconformity #2 – e.g., transmission hesitation];
c. [Nonconformity #3 – e.g., electrical system failure].

4.3 Repair Attempts. Plaintiff delivered the Vehicle to authorized repair facilities on at least [] separate occasions and for a cumulative total of [] days out of service, as shown in the Repair History attached hereto as Exhibit A.

4.4 Failure to Conform. Despite the repair attempts, the Nonconformities persist and substantially impair the Vehicle’s use, value, and safety.

4.5 Notice to Manufacturer. Plaintiff provided written notice of the Nonconformities and a final opportunity to cure on [Date], but Manufacturer failed to resolve the defects.

4.6 Informal Dispute Settlement Procedure. Plaintiff [did / did not] participate in Manufacturer’s Informal Dispute Settlement Procedure on [Date].
• If the procedure existed, Plaintiff fully complied, and more than 40 days have elapsed without resolution, thereby satisfying the condition precedent under Idaho Code § 48-907(2).
• If no qualifying procedure existed, Plaintiff is exempt from that requirement.

[// GUIDANCE: Remove the inapplicable bullet before filing.]

4.7 Damages. As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered damages including, but not limited to: (i) the statutory replacement or refund value of the Vehicle (capped at the purchase price pursuant to Idaho Code § 48-904), (ii) collateral charges, (iii) incidental and consequential damages, (iv) diminution in value, and (v) reasonable attorney fees and costs.

5. CAUSES OF ACTION

5.1 FIRST CAUSE OF ACTION

Violation of Idaho Motor Vehicle Warranties Act
(Against Manufacturer)

5.1.1 Plaintiff realleges paragraphs 1-4.7 as though fully set forth herein.

5.1.2 The Vehicle is a “Motor Vehicle,” Plaintiff is a “Consumer,” and the defects constitute “Nonconformities” under Idaho Code §§ 48-902(1)–(3).

5.1.3 Manufacturer was given a reasonable number of attempts to repair the Nonconformities but failed to do so within the Warranty Period.

5.1.4 Under Idaho Code § 48-904, Plaintiff is entitled to a replacement vehicle of comparable value or a refund of the full purchase price, at Plaintiff’s election, plus collateral charges and incidental damages.

5.1.5 Plaintiff also seeks costs, expenses, and reasonable attorney fees pursuant to Idaho Code § 48-909.

5.2 SECOND CAUSE OF ACTION

Breach of Express Warranty
(Against Manufacturer and Dealer)

5.2.1 Plaintiff realleges paragraphs 1-5.1.5.

5.2.2 Defendants expressly warranted that the Vehicle would be free from defects during the warranty term.

5.2.3 Defendants breached that warranty by failing to repair or replace the Vehicle.

5.2.4 Plaintiff is entitled to damages equal to the Vehicle’s value, plus incidental and consequential damages, attorney fees, and equitable relief.

5.3 THIRD CAUSE OF ACTION

Breach of Implied Warranty of Merchantability
(Against Manufacturer and Dealer)

5.3.1 Plaintiff realleges paragraphs 1-5.2.4.

5.3.2 At the time of sale, Defendants impliedly warranted that the Vehicle was fit for the ordinary purpose for which vehicles are used. (U.C.C. § 2-314, as adopted in Idaho Code § 28-2-314.)

5.3.3 The persistent Nonconformities render the Vehicle unmerchantable.

5.3.4 Plaintiff seeks damages as provided by the U.C.C., including rescission or revocation of acceptance.

5.4 FOURTH CAUSE OF ACTION

Violation of Magnuson-Moss Warranty Act
(15 U.S.C. §§ 2301–2312)
(Against Manufacturer and Dealer)

5.4.1 Plaintiff realleges paragraphs 1-5.3.4.

5.4.2 The Vehicle is a “consumer product” and the written warranty is a “full warranty” under 15 U.S.C. § 2303.

5.4.3 Defendants violated the Act by failing to remedy the warrantied defects after a reasonable number of attempts.

5.4.4 Plaintiff is entitled to damages, costs, and attorney fees pursuant to 15 U.S.C. § 2310(d).

6. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:

A. Replacement of the Vehicle with a new comparable vehicle or, alternatively, refund of the full purchase price, including all collateral charges and taxes;
B. Incidental and consequential damages according to proof;
C. Reasonable attorney fees and costs as authorized by Idaho Code § 48-909 and 15 U.S.C. § 2310(d);
D. Pre- and post-judgment interest at the maximum rate permitted by law;
E. Injunctive relief compelling Vehicle replacement and enjoining further warranty violations;
F. Such other and further relief as the Court deems just and proper.

[// GUIDANCE: Liability cap—Plaintiff’s monetary recovery is implicitly limited to “vehicle_value” under Idaho Code § 48-904; ensure prayer aligns with statutory maximum.]

7. DEMAND FOR JURY TRIAL

Pursuant to Idaho R. Civ. P. 38(b) and the Seventh Amendment to the United States Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.

8. VERIFICATION

I, [PLAINTIFF NAME], am the Plaintiff herein. I have read the foregoing Complaint and know the contents thereof. The same is true of my own knowledge except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct.

Executed on [Date] at [City], Idaho.

[PLAINTIFF NAME], Plaintiff

[// GUIDANCE: Notarization is not required for verification under I.C. § 9-1406 if declaration includes perjury language.]

9. SIGNATURE BLOCK

Respectfully submitted,

Dated: [Date]

[ATTORNEY NAME] (Idaho Bar No. [])
[LAW FIRM NAME]
[Address]
[City, State ZIP]
Telephone: ([]) -_
Email: [___]
Attorney for Plaintiff

[// GUIDANCE: Include certificate of service per I.R.C.P. 5(b), and any local cover sheet or ADR certificate.]