COMPLAINT

(Automobile “Lemon Law” – Oregon)

[// GUIDANCE: This template is designed for use in Oregon state court actions brought under the Oregon Motor Vehicle Warranties Act, Or. Rev. Stat. §§ 646.315–646.375 (the “Oregon Lemon Law”). Tailor bracketed placeholders, remove optional counts if unnecessary, and confirm all factual allegations before filing.]

TABLE OF CONTENTS

I. Document Header (Caption)
II. Introductory Allegations
III. Jurisdiction and Venue
IV. Parties
V. Definitions
VI. Factual Allegations
VII. Compliance with Statutory Prerequisites
VIII. Causes of Action
    Count I – Violation of Oregon Lemon Law
    Count II – Breach of Express Warranty (optional)
    Count III – Breach of Implied Warranty of Merchantability (optional)
    Count IV – Magnuson–Moss Warranty Act (optional)
IX. Damages & Prayer for Relief
X. Demand for Jury Trial
XI. Attorney Certification & Verification
XII. Signature Block

I. DOCUMENT HEADER (CAPTION)

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [COUNTY]

[PLAINTIFF NAME], an individual, ) Case No.: ____
)
Plaintiff, ) COMPLAINT FOR:
) 1. Violation of Oregon Motor Vehicle
v. ) Warranties Act (“Lemon Law”)
) 2. Breach of Express Warranty [OPTIONAL]
[DEFENDANT MANUFACTURER], a [State] corporation; ) 3. Breach of Implied Warranty of
[DEFENDANT DEALERSHIP], a [State] limited liability ) Merchantability [OPTIONAL]
company; and DOES 1–10, inclusive, ) 4. Magnuson–Moss Warranty Act [OPTIONAL]
)
Defendants. ) DEMAND FOR JURY TRIAL

II. INTRODUCTORY ALLEGATIONS

1. Plaintiff brings this action pursuant to the Oregon Motor Vehicle Warranties Act, Or. Rev. Stat. §§ 646.315–646.375 (the “Oregon Lemon Law”), and related warranty law, to obtain a refund or replacement of a defective motor vehicle, together with statutory damages, reasonable attorney fees, costs, and other relief.

III. JURISDICTION AND VENUE

2. This Court has subject-matter jurisdiction under Or. Rev. Stat. § 646.355(1) and Or. Rev. Stat. § 46.060.

3. Venue is proper in this County under Or. Rev. Stat. § 14.080 because (a) Defendants transact business herein, (b) the vehicle was purchased and delivered herein, and (c) the causes of action arose herein.

[// GUIDANCE: Insert additional jurisdictional facts if suing out-of-state manufacturer.]

IV. PARTIES

4. Plaintiff [NAME] (“Plaintiff”) is a resident of [County], Oregon, and the purchaser/lessee of the motor vehicle described below.

5. Defendant [MANUFACTURER LEGAL NAME] (“Manufacturer”) is a [State of Incorp.] corporation authorized to do business in Oregon and engaged in manufacturing, distributing, and warranting motor vehicles.

6. Defendant [DEALERSHIP NAME] (“Dealer”) is a [State] limited liability company that sold/leased the subject vehicle to Plaintiff.

7. The true names and capacities of Does 1–10 are unknown; Plaintiff will amend this Complaint when their identities are ascertained.

V. DEFINITIONS

For purposes of this Complaint:

“Act” means the Oregon Motor Vehicle Warranties Act (Or. Rev. Stat. §§ 646.315–646.375).
“Defect” means any nonconformity that substantially impairs the use, market value, or safety of the Vehicle.
“Repair Attempts” means each occasion on which the Vehicle was presented for correction of the Defect(s).
“Vehicle” means the [Year, Make, Model, VIN] purchased/leased by Plaintiff on [Date].

VI. FACTUAL ALLEGATIONS

8. On or about [Purchase Date], Plaintiff purchased/leased the Vehicle from Dealer for a total price of $[Amount], inclusive of taxes, fees, and optional equipment.

9. At the time of sale, Manufacturer issued an express written warranty covering defects in materials or workmanship for [X] months/[Y] miles.

10. Beginning on or about [First Repair Date], the Vehicle exhibited the following Defects: [describe symptoms].

11. Plaintiff presented the Vehicle to Manufacturer’s authorized service facilities for repair on at least [Number] separate occasions and/or the Vehicle was out of service for a cumulative total of [Number] business days during the first [24 months/24,000 miles] of ownership.

12. Despite these Repair Attempts, the Defects persist and substantially impair the use, value, and/or safety of the Vehicle.

13. On [Demand Date], Plaintiff provided Manufacturer with written notice of the Defects and a demand for replacement or refund under Or. Rev. Stat. § 646.335(1).

14. Manufacturer received the demand but failed or refused to comply.

VII. COMPLIANCE WITH STATUTORY PREREQUISITES

15. Manufacturer maintains an informal dispute settlement procedure purportedly meeting 16 C.F.R. Part 703. On [Date], Plaintiff submitted a claim to said procedure, which concluded on [Date] with a decision unfavorable to Plaintiff / without resolution.
    – OR –
    Plaintiff was not required to utilize any informal dispute settlement because Manufacturer does not maintain a qualifying program.

16. This action is timely filed within the limitations period prescribed by Or. Rev. Stat. § 646.355(2).

VIII. CAUSES OF ACTION

COUNT I

Violation of the Oregon Motor Vehicle Warranties Act
(Or. Rev. Stat. §§ 646.315–646.375)

17. Plaintiff realleges ¶¶ 1–16.

18. The Vehicle contained Defects covered by Manufacturer’s express warranty and first manifested within the Act’s “term of protection.”

19. Manufacturer failed to conform the Vehicle to its warranty after a reasonable number of attempts, triggering Plaintiff’s right to a refund or replacement under Or. Rev. Stat. § 646.335(1).

20. Manufacturer’s non-compliance entitles Plaintiff to:
    a. A replacement vehicle of comparable value or a refund of the full purchase price (including collateral charges and less a reasonable mileage offset);
    b. Incidental and consequential damages; and
    c. Reasonable attorney fees, costs, and disbursements under Or. Rev. Stat. § 646.359.

21. Plaintiff has satisfied all conditions precedent or such conditions have been waived.

COUNT II (OPTIONAL)

Breach of Express Warranty

22. Plaintiff realleges ¶¶ 1–21.

23. Manufacturer expressly warranted the Vehicle to be free from defects in materials and workmanship for [Warranty Term].

24. Manufacturer breached that warranty by failing to repair or replace the Vehicle or refund the purchase price.

25. Plaintiff suffered damages in an amount to be proven at trial, limited to the Vehicle’s value, plus incidental and consequential damages, and attorney fees under Or. Rev. Stat. § 646.359.

COUNT III (OPTIONAL)

Breach of Implied Warranty of Merchantability

26. Plaintiff realleges ¶¶ 1–25.

27. At all relevant times, Manufacturer and Dealer were “merchants” with respect to goods of this kind and impliedly warranted that the Vehicle was merchantable.

28. The persistent Defects render the Vehicle unfit for its ordinary purpose, breaching the implied warranty.

29. Plaintiff is entitled to damages as permitted by law, not to exceed the Vehicle’s purchase price.

COUNT IV (OPTIONAL)

Magnuson–Moss Warranty Act
(15 U.S.C. § 2310(d))

30. Plaintiff realleges ¶¶ 1–29.

31. The Vehicle is a “consumer product” and Plaintiff a “consumer” under 15 U.S.C. § 2301.

32. Defendants failed to comply with the written and implied warranties, entitling Plaintiff to damages, equitable relief, costs, and attorney fees under 15 U.S.C. § 2310(d)(2).

[// GUIDANCE: Delete optional counts if not pleaded; add additional counts (e.g., UCC claims) as appropriate.]

IX. DAMAGES & PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, jointly and severally, as follows:

A. Replacement of the Vehicle with a new comparable vehicle OR, at Plaintiff’s election, a refund of the full purchase price, taxes, license fees, registration fees, finance charges, and other collateral charges, less any allowable mileage offset, pursuant to Or. Rev. Stat. § 646.335;

B. Incidental and consequential damages as allowed by law, provided that total monetary recovery (exclusive of attorney fees and costs) shall not exceed the Vehicle’s purchase price;

C. Pre- and post-judgment interest as permitted by law;

D. Reasonable attorney fees, costs, and disbursements under Or. Rev. Stat. § 646.359 and/or 15 U.S.C. § 2310(d)(2);

E. Any such other and further relief as the Court deems just and equitable, including injunctive relief compelling replacement of the Vehicle.

X. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right.

[// GUIDANCE: Oregon Constitution guarantees the right to jury trial in actions at law. Omit this paragraph only if client knowingly waives the right.]

XI. ATTORNEY CERTIFICATION & VERIFICATION

I, [Attorney Name], certify that I have read this pleading, and to the best of my knowledge, information, and belief formed after reasonable inquiry, it is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

[Plaintiff’s Verification – include notarization if required by local rule.]

XII. SIGNATURE BLOCK

DATED: [Date]

Respectfully submitted,

[ATTORNEY NAME] (OSB No. [Number])
[Law Firm Name]
[Address]
[City, State ZIP]
Telephone: [Phone]
Email: [Email]
Attorney for Plaintiff

[// GUIDANCE:
1. Double-check local circuit court rules for any additional formatting, pleading requirements, or mandatory statements (e.g., UTCR 2.010 formatting, mediation statements).
2. Attach copies of all relevant repair orders and correspondence as exhibits and reference them in the factual section.
3. Ensure service of process complies with Or. R. Civ. P. 7.
4. Calendar the one-year limitations period in Or. Rev. Stat. § 646.355(2).
5. If Manufacturer’s informal dispute procedure is certified, Plaintiff must first obtain a decision or wait 40 days after filing to satisfy the prerequisite (Or. Rev. Stat. § 646.357).
6. Confirm that claimed attorney fees are segregated by count when federal and state claims coexist (see federal fee-shifting precedents).]