IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF [___]
[PLAINTIFF NAME], an individual, ) No. ______
)
Plaintiff, ) COMPLAINT FOR
) 1. VIOLATION OF THE
v. ) WASHINGTON MOTOR
) VEHICLE WARRANTY ACT
[DEFENDANT MANUFACTURER], a ) (“LEMON LAW”),
[foreign/domestic] corporation; ) RCW 19.118 et seq.
and DOES 1-10, inclusive, ) 2. VIOLATION OF THE
) MAGNUSON-MOSS
Defendants. ) WARRANTY ACT,
) 15 U.S.C. § 2301 et seq.
------------------------------------------------------------- ) 3. BREACH OF EXPRESS
WARRANTY
) 4. CONSUMER PROTECTION
) ACT, RCW 19.86
------------------------------------------------------------- )
) DEMAND FOR JURY TRIAL
)
[// GUIDANCE: Insert county of venue pursuant to RCW 4.12; typically where the plaintiff resides, where the vehicle was purchased, or where the defendant does business in WA.]
COMPLAINT
TABLE OF CONTENTS
- Parties & Service
- Jurisdiction & Venue
- Preliminary Statement
- Definitions
- Factual Allegations
- Causes of Action
6.1 Lemon Law (RCW 19.118)
6.2 Magnuson-Moss (15 U.S.C. § 2301 et seq.)
6.3 Breach of Express Warranty
6.4 Consumer Protection Act (RCW 19.86) - Conditions Precedent & Statutory Prerequisites
- Prayer for Relief
- Demand for Jury Trial
- Verification (Optional)
- Signature Block
1. PARTIES & SERVICE
1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is a citizen and resident of [County], Washington, and is a “consumer” as defined in RCW 19.118.021(5) and 15 U.S.C. § 2301(3).
1.2 Defendant Manufacturer. [DEFENDANT MANUFACTURER] (“Manufacturer”) is a [state of incorporation] corporation authorized to do business in Washington and may be served through its registered agent, [NAME & ADDRESS].
1.3 Doe Defendants. Plaintiff is presently unaware of the true names of Does 1-10 and sues them under fictitious names. Plaintiff will amend this Complaint when their identities are ascertained.
[// GUIDANCE: Washington allows fictitious designations (CR 10(a)(2)) when identities are presently unknown.]
2. JURISDICTION & VENUE
2.1 Subject-Matter Jurisdiction. This Court has jurisdiction under RCW 2.08.010 and Article IV § 6 of the Washington Constitution. Federal claims are pleaded under the Magnuson-Moss Warranty Act but do not exceed the $50,000 amount-in-controversy threshold for removal (15 U.S.C. § 2310(d)(3)(B)).
2.2 Personal Jurisdiction. Manufacturer conducts substantial, continuous, and systematic business in Washington sufficient to subject it to general and specific jurisdiction.
2.3 Venue. Venue is proper in this County under RCW 4.12.025 because the transaction giving rise to this action occurred here and Plaintiff resides here.
3. PRELIMINARY STATEMENT
This action seeks statutory remedies, damages, attorneys’ fees, and injunctive relief—including repurchase or replacement of a defective motor vehicle—arising from Manufacturer’s failure to conform Plaintiff’s vehicle to the express warranties after a reasonable number of attempts, in violation of Washington’s Motor Vehicle Warranty Act (“Lemon Law”), RCW 19.118 et seq., attendant federal warranty law, and state consumer protection statutes.
4. DEFINITIONS
For ease of reference, the following capitalized terms have the meanings set forth below:
4.1 “Act” means the Washington Motor Vehicle Warranty Act, RCW 19.118 et seq.
4.2 “Consumer” has the meaning assigned in RCW 19.118.021(5).
4.3 “Motor Vehicle” or “Vehicle” means the passenger motor vehicle purchased by Plaintiff as further described in ¶ 5.2.
4.4 “Nonconformity” means any defect, serious safety defect, or condition that substantially impairs the use, market value, or safety of the Vehicle, pursuant to RCW 19.118.021(15).
4.5 “Reasonable Number of Attempts” has the meaning provided in RCW 19.118.041.
[// GUIDANCE: Add or delete defined terms based on the facts of the case.]
5. FACTUAL ALLEGATIONS
5.1 Purchase. On or about [Date], Plaintiff purchased a new [Year Make Model VIN] from [Selling Dealer] for $[Price], accompanied by Manufacturer’s written warranty.
5.2 Warranty. Manufacturer issued an express “bumper-to-bumper” warranty for [Duration/Miles].
5.3 Defects. Beginning on [Date], Plaintiff experienced recurring Nonconformities, including but not limited to:
a. Engine stalling;
b. Transmission hesitation; and
c. Electrical system failures.
5.4 Repair Attempts. Between [Date] and [Date], Plaintiff presented the Vehicle to authorized service facilities on at least [##] separate occasions, relinquishing possession for a cumulative [##] days. The Nonconformities persist.
5.5 Notice. Plaintiff provided written notice of the defects to Manufacturer on [Date], affording Manufacturer a final opportunity to cure.
5.6 Statutory Arbitration. On [Date], Plaintiff submitted a Request for Arbitration to the New Motor Vehicle Arbitration Board pursuant to RCW 19.118.090. On [Date], the Board issued a decision in Plaintiff’s favor, which Manufacturer rejected within the statutory period, thereby exhausting administrative remedies.
[// GUIDANCE: If arbitration has not occurred—e.g., the claim is within 30 months but arbitration is optional—revise ¶ 5.6 accordingly and allege why suit is proper without arbitration.]
6. CAUSES OF ACTION
6.1 First Cause of Action
Violation of the Washington Motor Vehicle Warranty Act (RCW 19.118)
6.1.1 Plaintiff is a “consumer” and the Vehicle is a “motor vehicle” as defined by the Act.
6.1.2 The Vehicle contains a Nonconformity that substantially impairs its use, value, and safety.
6.1.3 Manufacturer failed to repair the Nonconformity after a Reasonable Number of Attempts.
6.1.4 Under RCW 19.118.041, Plaintiff is entitled to (a) replacement of the Vehicle with a comparable new motor vehicle, or (b) refund of the purchase price, together with collateral charges, incidental damages, and reasonable attorneys’ fees and costs.
6.2 Second Cause of Action
Violation of the Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.)
6.2.1 Manufacturer’s written warranty is a “consumer product warranty” under 15 U.S.C. § 2301(6).
6.2.2 Manufacturer breached its obligations by failing to conform the Vehicle to the warranty.
6.2.3 Plaintiff has incurred damages in excess of $25.00 and is entitled to revoke acceptance, obtain restitution, and recover attorneys’ fees under 15 U.S.C. § 2310(d)(2).
6.3 Third Cause of Action
Breach of Express Warranty
6.3.1 Manufacturer expressly warranted the Vehicle to be free from defects for [Duration/Mileage].
6.3.2 The Vehicle failed to perform as warranted, constituting a material breach.
6.3.3 Plaintiff is entitled to damages as provided under RCW 62A.2-714 and/or rescission under RCW 62A.2-608.
6.4 Fourth Cause of Action
Violation of the Washington Consumer Protection Act (RCW 19.86)
6.4.1 Manufacturer’s conduct constitutes an unfair or deceptive act or practice affecting the public interest.
6.4.2 Plaintiff suffered injury in fact and legally cognizable damages proximately caused by Manufacturer’s acts.
6.4.3 Plaintiff is entitled to treble damages up to $25,000, costs, and reasonable attorneys’ fees pursuant to RCW 19.86.090.
7. CONDITIONS PRECEDENT & STATUTORY PREREQUISITES
7.1 All conditions precedent to Plaintiff’s recovery under RCW 19.118, 15 U.S.C. § 2310, and Washington common law have been satisfied, excused, or waived.
7.2 Plaintiff has acted within the 30-month limitation period set forth in RCW 19.118.041(1).
7.3 To the extent arbitration was mandatory, Plaintiff has exhausted the statutory arbitration process or Manufacturer has refused arbitration, permitting this civil action.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment against Defendants, jointly and severally, as follows:
A. Replacement of the Vehicle with a new comparable vehicle, or, at Plaintiff’s election, refund of the full purchase price, including taxes, license fees, finance charges, and collateral charges, less a reasonable offset for use as permitted by RCW 19.118.041(1);
B. Incidental and consequential damages according to proof;
C. Treble damages under RCW 19.86.090;
D. Civil penalty damages under 15 U.S.C. § 2310(d);
E. Reasonable attorneys’ fees and costs under RCW 19.118.110, RCW 19.86.090, and 15 U.S.C. § 2310(d)(2);
F. Pre-judgment and post-judgment interest as allowed by law;
G. Such other and further relief—equitable, declaratory, or legal—as the Court deems just and proper.
9. DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury on all issues so triable as a matter of right under Article I § 21 of the Washington Constitution and CR 38.
10. VERIFICATION (OPTIONAL)
I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Washington that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.
DATED: ___, 20__ at [City], Washington.
[PLAINTIFF NAME], Plaintiff
[// GUIDANCE: Verification is generally not required by WA Civil Rules but may be advantageous for lemon law complaints. Remove if not desired.]
11. SIGNATURE BLOCK
DATED: ___, 20__.
Respectfully submitted,
[ATTORNEY NAME] (WSBA No. ______)
[LAW FIRM NAME]
[Address]
[City, State Zip]
[Telephone] | [Email]
Attorney for Plaintiff
[// GUIDANCE: Insert electronic signature notation if filing via e-filing system—e.g., “/s/ Attorney Name” pursuant to GR 30.]
[// GUIDANCE SUMMARY:
1. Replace bracketed fields with client-specific data.
2. Confirm arbitration status—exhaustion is not strictly mandatory in Washington but can impact fee-shifting.
3. Attach the Arbitration Board decision or denial as Exhibit A when available.
4. Consider adding a separate cause of action for revocation of acceptance under RCW 62A.2-608 if seeking rescission.
5. File within the four-year statute of limitations for warranty actions (RCW 62A.2-725).]