IN THE [ ___] JUDICIAL DISTRICT COURT

PARISH OF [ ___], STATE OF LOUISIANA

[PLAINTIFF NAME],
Plaintiff,
v. CIVIL ACTION NO. __
[MANUFACTURER NAME] and [DEALER NAME],
Defendants. DIVISION “___”

PETITION FOR RELIEF UNDER THE LOUISIANA MOTOR VEHICLE
WARRANTY ENFORCEMENT ACT (LA. R.S. 51:1941 et seq.) AND
RELATED EQUITABLE RELIEF

[// GUIDANCE: This template is drafted to comply with the Louisiana Motor Vehicle Warranty Enforcement Act (“LMVWEA”), La. R.S. 51:1941 – 1948. Insert all bracketed placeholders and confirm factual allegations before filing.]

TABLE OF CONTENTS

1. Parties .............................................................................. 2
2. Jurisdiction and Venue ...................................................... 3
3. Defined Terms ................................................................. 3
4. Factual Allegations .......................................................... 5
5. Conditions Precedent & Statutory Compliance ............................. 7
6. Causes of Action ............................................................. 8
   • Count I – Violation of LMVWEA ....................................... 8
7. Prayer for Relief ............................................................. 10
8. Jury Demand .................................................................... 11
9. Verification ........................................................................ 11
10. Service Information (La. C.C.P. art. 1201) ................................. 12

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a natural person of the full age of majority, domiciled in the Parish of [ ___], State of Louisiana, and is a “consumer” within the meaning of La. R.S. 51:1941(1).

1.2 Manufacturer. [MANUFACTURER NAME], a [state of incorporation] corporation authorized to do and doing business in Louisiana, with its principal place of business at [address], is the “manufacturer” of the Subject Vehicle as defined below.

1.3 Dealer. [DEALER NAME], a Louisiana [corporation/LLC] with its principal place of business at [address], sold the Subject Vehicle to Plaintiff and is joined pursuant to La. C.C.P. art. 641 for complete relief.

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction under La. Const. art. V, § 16 and La. R.S. 51:1944 because the amount in controversy exceeds $25,000 exclusive of interest and costs, and because LMVWEA provides a private cause of action.

2.2 Venue is proper in this Parish under La. C.C.P. art. 42 and La. R.S. 51:1944(A) because (a) Plaintiff is domiciled here, (b) Defendants regularly conduct business here, and (c) the transactions and omissions giving rise to these claims occurred here.

3. DEFINED TERMS

For clarity, the following capitalized terms are used throughout this Petition:

“Act” means the Louisiana Motor Vehicle Warranty Enforcement Act, La. R.S. 51:1941 – 1948.

“Arbitration Program” means any manufacturer-sponsored informal dispute settlement procedure certified pursuant to 16 C.F.R. Part 703 and La. R.S. 51:1944(B).

“Consumer” has the meaning set forth in La. R.S. 51:1941(1).

“Defect” or “Nonconformity” means a condition or defect that substantially impairs the use, value, or safety of the Subject Vehicle and that is covered by the applicable express warranty, pursuant to La. R.S. 51:1941(7).

“Reasonable Number of Attempts” means (i) four or more repair attempts for the same Nonconformity, or (ii) the Subject Vehicle being out of service for repairs for a cumulative total of forty-five (45) or more calendar days during the warranty period, as set forth in La. R.S. 51:1941(7)(a)–(b).

“Subject Vehicle” means the [YEAR] [MAKE] [MODEL], Vehicle Identification Number (“VIN”) [VIN], purchased by Plaintiff on [PURCHASE DATE], for a total purchase price of $[___].

4. FACTUAL ALLEGATIONS

4.1 On [PURCHASE DATE], Plaintiff purchased the Subject Vehicle from Dealer for personal, family, or household use.

4.2 The Subject Vehicle was accompanied by [MANUFACTURER NAME]’s written new-vehicle limited warranty, valid for [warranty term].

4.3 Beginning on or about [DATE], the Subject Vehicle manifested the following Nonconformities, among others:
a. Engine stalling and loss of power;
b. Electrical system failure causing dashboard blackout;
c. Transmission hesitation and hard shifting.

4.4 Plaintiff delivered the Subject Vehicle to authorized service centers on at least [NUMBER] occasions for the same or related Nonconformities, specifically:
• Repair Order 1 – [DATE] – Mileage [] – [work performed]
• Repair Order 2 – [DATE] – Mileage [] – [work performed]
• Repair Order 3 – [DATE] – Mileage [] – [work performed]
• Repair Order 4 – [DATE] – Mileage [] – [work performed]

4.5 The Subject Vehicle was out of service for repairs for an aggregate total of [NUMBER] days during the warranty period, exceeding the forty-five-day statutory threshold.

4.6 Despite the foregoing repair attempts, the Nonconformities persist and substantially impair the use, value, and safety of the Subject Vehicle.

5. CONDITIONS PRECEDENT & STATUTORY COMPLIANCE

5.1 Pursuant to La. R.S. 51:1943(B)(1), on [NOTICE DATE], Plaintiff sent written notice by certified mail to [MANUFACTURER NAME] at the address designated in its warranty materials, advising of the continuing Nonconformities and requesting a final repair opportunity. A true copy of the notice and return receipt is attached hereto as Exhibit “A.”

5.2 [Select one of the following and delete the other:]
a. Manufacturer failed to correct the Nonconformities within ten (10) calendar days after receipt of the notice.
b. Manufacturer refused the vehicle for final repair.
c. Manufacturer has no certified Arbitration Program; therefore, exhaustion is not required under La. R.S. 51:1944(B).
d. Plaintiff submitted the dispute to Manufacturer’s certified Arbitration Program on [DATE], and the program failed to render a decision within the forty-day period mandated by 16 C.F.R. 703.5 and La. R.S. 51:1944(B).

5.3 All conditions precedent to the filing of this action have been performed, excused, or waived.

6. CAUSES OF ACTION

COUNT I – VIOLATION OF THE LOUISIANA MOTOR VEHICLE WARRANTY ENFORCEMENT ACT

6.1 Plaintiff realleges paragraphs 1 through 5 as if set forth fully herein.

6.2 The Subject Vehicle contains one or more Nonconformities covered by the express warranty.

6.3 Defendants were afforded a Reasonable Number of Attempts to repair the Nonconformities but failed to do so, triggering Plaintiff’s statutory right to a refund or replacement under La. R.S. 51:1944(A).

6.4 Under La. R.S. 51:1944(C) and (D), Plaintiff is entitled to (a) a replacement vehicle of comparable value or (b) a full refund of the purchase price less a statutorily prescribed reasonable allowance for use, at Plaintiff’s election.

6.5 Defendants’ refusal to honor these statutory obligations constitutes a violation of the Act, entitling Plaintiff to the remedies set out in Section 7, infra, together with reasonable attorney’s fees and court costs.

[// GUIDANCE: Additional counts (e.g., redhibition, breach of express warranty, Magnuson-Moss) may be inserted if desired. Ensure factual predicates support each claim.]

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that, after due proceedings are had, there be judgment in Plaintiff’s favor and against Defendants as follows:

A. Ordering Defendants to replace the Subject Vehicle with a new, comparable vehicle, or in the alternative, refunding the full contract price paid ($[___]) less a reasonable allowance for use, pursuant to La. R.S. 51:1944(C);

B. Awarding incidental and consequential damages as permitted by law;

C. Awarding statutory attorney’s fees and all recoverable costs under La. R.S. 51:1943(F);

D. Awarding pre-judgment and post-judgment interest as allowed by law;

E. Granting preliminary and permanent injunctive relief compelling immediate replacement of the Subject Vehicle to prevent further irreparable harm;

F. Granting such other and further relief as equity and justice require.

8. JURY DEMAND

Pursuant to La. C.C.P. art. 1731 and Plaintiff’s constitutional right to trial by jury, Plaintiff hereby demands a trial by jury on all issues so triable.

9. VERIFICATION

I, [PLAINTIFF NAME], the undersigned, certify under penalty of perjury that I have read the foregoing Petition for Relief and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

Date: ___ 202 _______
[PLAINTIFF NAME]

10. SERVICE INFORMATION

Please serve Defendants through their registered agents for service of process:

1. [MANUFACTURER NAME]
   Through its Registered Agent: [NAME]
   [ADDRESS]

2. [DEALER NAME]
   Through its Registered Agent: [NAME]
   [ADDRESS]

SUBMITTED BY:
[ATTORNEY SIGNATURE BLOCK]
[ATTORNEY NAME] (Bar #_)
[LAW FIRM NAME]
[STREET ADDRESS]
[City], Louisiana [ZIP]
Telephone: () -_
Email: [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. Attach Exhibits (purchase contract, warranty booklet, repair orders, certified-mail proof) when filing.
2. Double-check all statutory citations and factual dates before submission.
3. Consider adding a redhibition count if dealership solvency or privity concerns warrant it.
4. If Defendants are out-of-state, verify long-arm service under La. R.S. 13:3201 et seq.]