IN THE [____] JUDICIAL DISTRICT COURT

[__] COUNTY, STATE OF UTAH

Civil No. _
Judge: _

VERIFIED COMPLAINT

(Utah Motor Vehicle Warranty Act (“Utah Lemon Law”), Utah Code Ann. § 13-20-1 et seq.; Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq.; Breach of Warranties; and Related Relief)

[// GUIDANCE: This template is drafted for consumer-side plaintiffs. Practitioners representing manufacturers or dealers should transpose allegations and defenses accordingly.]

TABLE OF CONTENTS

1. Introductory Statement
2. Parties
3. Jurisdiction & Venue
4. Definitions
5. Factual Allegations
6. Compliance With Informal Dispute Resolution
7. Causes of Action
   Count I – Violation of Utah Motor Vehicle Warranty Act
   Count II – Breach of Express Warranty (Utah U.C.C.)
   Count III – Violation of Magnuson-Moss Warranty Act
   Count IV – Breach of Implied Warranty of Merchantability
8. Prayer for Relief
9. Jury Demand / Jury Waiver Election
10. Verification
11. Signature Block
12. Certificate of Service

1. INTRODUCTORY STATEMENT

1.1 Plaintiff [NAME] (“Plaintiff”) brings this action against Defendant [MANUFACTURER NAME] (“Manufacturer”) and, if applicable, Defendant [DEALERSHIP NAME] (“Dealer,” and together with Manufacturer, “Defendants”) for statutory and common-law remedies arising out of the sale of a defective motor vehicle that qualifies as a “lemon” under Utah Code Ann. § 13-20-2(3).

1.2 Plaintiff seeks, inter alia, (a) replacement of the subject vehicle or refund of the purchase price up to the fair market value of the vehicle at the time of the transaction, (b) incidental and consequential damages, (c) costs and reasonable attorney fees as provided by statute, and (d) such other equitable or injunctive relief as the Court deems just and proper.

2. PARTIES

2.1 Plaintiff is an individual residing at [ADDRESS], [COUNTY] County, Utah.

2.2 Manufacturer is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and is authorized to do business in Utah.

2.3 Dealer is a [corporation/LLC] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacts business in Utah as an authorized retail seller of Manufacturer’s vehicles.

3. JURISDICTION & VENUE

3.1 This Court has subject-matter jurisdiction under Utah Code Ann. § 78A-5-102(1) and supplemental jurisdiction over federal claims pursuant to 15 U.S.C. § 2310(d)(1)(A).

3.2 Venue is proper in this County under Utah R. Civ. P. 3(b)(3) because the causes of action arose herein and Defendants conduct substantial business here.

[// GUIDANCE: If the manufacturer’s FTC-approved dispute program is mandatory, confirm exhaustion or plead grounds for excusal to preserve jurisdiction.]

4. DEFINITIONS

For purposes of this Complaint, the following capitalized terms have the meanings set forth below:

a. “Subject Vehicle” means the [YEAR, MAKE, MODEL, VIN] purchased/leased by Plaintiff on [DATE].
b. “Applicable Warranty Period” means the shorter of (i) the express warranty term; or (ii) one year following the delivery of the Subject Vehicle to Plaintiff, as provided in Utah Code Ann. § 13-20-4(1).
c. “Nonconformity” means any defect, condition, or serious safety problem that substantially impairs the use, value, or safety of the Subject Vehicle.
d. “Reasonable Number of Repair Attempts” means (i) four or more attempts to repair the same Nonconformity, or (ii) the Subject Vehicle being out of service for repair of any Nonconformity for an aggregate of 30 or more calendar days during the Applicable Warranty Period.
e. “Informal Dispute Settlement Procedure” or “IDSP” means any manufacturer dispute-resolution program that complies with 16 C.F.R. Part 703 and Utah Code Ann. § 13-20-7.

5. FACTUAL ALLEGATIONS

5.1 On [DATE], Plaintiff purchased the Subject Vehicle from Dealer for the total purchase price of $[AMOUNT], inclusive of taxes and fees.

5.2 The Subject Vehicle was accompanied by Manufacturer’s written warranties, including a [TERM] bumper-to-bumper warranty and a [TERM] powertrain warranty.

5.3 Beginning on or about [DATE], Plaintiff experienced the following Nonconformities:
(a) [ENGINE STALLING];
(b) [ELECTRICAL SYSTEM FAILURE];
(c) [OTHER ISSUES].

5.4 Plaintiff tendered the Subject Vehicle for repairs on at least [NUMBER] separate occasions within the Applicable Warranty Period, as summarized below:

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

5.6 The aggregate days out of service totals [#] days, exceeding the statutory threshold.

6. COMPLIANCE WITH INFORMAL DISPUTE RESOLUTION

6.1 On [DATE], Plaintiff submitted a written request for relief to Manufacturer’s IDSP, satisfying Utah Code Ann. § 13-20-7(1).

6.2 The IDSP issued its decision on [DATE], which [denied relief / offered inadequate relief]. Plaintiff has therefore exhausted the prerequisite dispute procedure.

[ALTERNATIVE ¶]: Manufacturer has not established or made available an FTC-approved IDSP; accordingly, exhaustion is excused under 16 C.F.R. § 703.5(e).

7. CAUSES OF ACTION

COUNT I

Violation of the Utah Motor Vehicle Warranty Act
(Utah Code Ann. §§ 13-20-1 to 13-20-7)

7.1–7.5 (Re-plead and incorporate ¶¶ 1–6.2.)

7.6 The Subject Vehicle is a “new motor vehicle” under § 13-20-2(2).

7.7 Defendants failed to conform the Subject Vehicle to the express warranties after a Reasonable Number of Repair Attempts.

7.8 Under § 13-20-4(2), Plaintiff is entitled to a replacement vehicle or refund of the purchase price, less a reasonable offset for use, not to exceed the vehicle’s value.

7.9 Plaintiff also seeks incidental damages and attorney fees under § 13-20-6(3).

COUNT II

Breach of Express Warranty
(Utah Code Ann. § 70A-2-313)

7.10–7.14 (Allege creation of express warranties, breach, causation, damages.)

COUNT III

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

7.15–7.19 (Allege jurisdictional amount, consumer product status, breach of warranties, and entitlement to costs and fees under 15 U.S.C. § 2310(d)(2).)

COUNT IV

Breach of Implied Warranty of Merchantability
(Utah Code Ann. § 70A-2-314)

7.20–7.24 (Allege merchant status, ordinary purpose, breach, damages.)

[// GUIDANCE: Add fraud/misrepresentation or consumer-protection counts if factually supported.]

8. 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 Subject Vehicle with a comparable new vehicle – or, at Plaintiff’s election, refund of the full purchase price (inclusive of collateral charges) less the statutory offset for use, not exceeding the vehicle’s value;

B. Incidental and consequential damages permitted under Utah Code Ann. § 13-20-4(3), not to exceed the value of the vehicle;

C. Statutory, actual, treble, or exemplary damages where allowed by law;

D. Reasonable attorney fees and costs pursuant to Utah Code Ann. § 13-20-6(3) and 15 U.S.C. § 2310(d)(2);

E. Pre- and post-judgment interest as allowed by law;

F. Injunctive relief compelling Defendants to correct safety defects pending final resolution; and

G. All other and further relief the Court deems equitable and just.

9. JURY DEMAND / JURY-TRIAL WAIVER ELECTION

☐ Plaintiff demands a trial by jury on all issues so triable.

☐ Plaintiff knowingly and voluntarily waives the right to a jury trial pursuant to Utah R. Civ. P. 38 and requests a bench trial.

[// GUIDANCE: Strike the inapplicable option before filing; retain proof of client consent for any waiver.]

10. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Utah that the foregoing allegations are true and correct to the best of my knowledge, information, and belief.

Date: __ , 20

[PLAINTIFF NAME]

11. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]

By: ____
[ATTORNEY NAME]
Utah Bar No. [__]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

12. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I caused a true and correct copy of the foregoing Verified Complaint to be served upon:

• [DEFENSE COUNSEL NAME], counsel for Manufacturer, via [METHOD]
• [DEFENSE COUNSEL NAME], counsel for Dealer, via [METHOD]

[ATTORNEY NAME]

[// GUIDANCE:

1. Filing Requirements – Utah R. Civ. P. 3(a) requires an original complaint and civil coversheet; verify current e-filing mandates.
2. Service – Personal service must comply with Utah R. Civ. P. 4.
3. Statute of Limitations – Utah Lemon Law: 2 years after warranty period ends (Utah Code Ann. § 13-20-5(1)); Magnuson-Moss follows underlying state limitations.
4. Damage Cap – Metadata specifies liability capped at vehicle value; ensure prayers and settlement discussions observe this ceiling.
5. Alternative Dispute Resolution – Consider Utah Code of Judicial Administration Rule 4-510 if court-annexed mediation is ordered.
   ]