La Marca V Fisker Group

ABRAHAM LAW, PC
1 Arye C. Abraham, Esq., SBN 337441

3520 Overland Ave Ste D
2
Los Angeles, CA 90034
3
(310) 254-7871
arye@abrahamlf.com
4
Attorney for Plaintiff,
5 JASON LA MARCA
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
COUNTY OF LOS ANGELES
8
9 JASON LA MARCA, Case No:

10 Plaintiff, COMPLAINT
11 v. 1. BREACH OF IMPLIED WARRANTY
12 2. BREACH OF EXPRESS WARRANTY
FISKER GROUP INC.; and 3. VIOLATION OF THE SONG BEVERLY
DOES 1 through 100, inclusive,
13 CONSUMER WARRANTY ACT
14 Defendant(s).
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16
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18
JASON LA MARCA alleges as follows:
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1. Plaintiff JASON LA MARCA ("Plaintiff') at all relevant times was a resident of Los
20
Angeles County, California.
21 2. Defendant FISKER GROUP INC., (hereinafter "FISKER") is a Corporation
22 authorized to do business in California. The warranty repairs which are the subject of
23 this action occurred in Los Angeles County, therefore venue is proper in Los Angeles
24 County.
25 3. FISKER designs, manufactures, constructs, assembles, markets, distributes, and sells

motor vehicles and motor vehicle components.
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4. The true names and capacities, whether individual, corporate, associate or otherwise,
1
of the Doe defendants are unknown to Plaintiff and are therefore sued by fictitious
2
names. Plaintiff will amend the complaint to insert the true names when known.
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Plaintiff alleges that the Doe defendants are also responsible for the wrongful acts
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alleged, and therefore liable to Plaintiff. Reference to a named defendant, to
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"Defendant", or "Defendants" refers to all names and Doe defendants. In addition to
6 Plaintiff suing named Defendants, Plaintiff sues Defendants identified as DOES 1 to
7 100.
8 5. Defendants were the agents, employees and co-conspirators engaged in the acts and/or
9 conduct alleged, acted at least in part within the course and scope of this agency and/or
10
employment, and with the permission and consent of the other defendants. Plaintiff is
informed and believes, and thereon alleges that all of the acts alleged below were
11
ratified by the other defendants.
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6. On or about 09/08/2023, Plaintiff purchased a new 2023 Fisker Ocean One, Vehicle
13
Identification Number VCF1ZBU23PG002912, ("VEHICLE"). FISKER provided an
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express written warranty relating to the VEHICLE.
15
7. At the time the VEHICLE was delivered to Plaintiff, the VEHICLE was not in a
16 merchantable condition, was not safe, and did not conform to the quality and safety
17 guidelines reasonably expected of a motor vehicle.
18 8. In the time period that followed, the VEHICLE failed an unreasonable amount of
19 times, did not function properly, and was not safe or reliable. The problems with the
20 vehicle which were experienced by Plaintiff were not the result of any misuse on the
part of Plaintiff, and was not the result of any modifications made to the VEHICLE.
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22
FIRST CAUSE OF ACTION
23
BREACH OF IMPLIED WARRANTY
24
Against All Defendants
25
9. Plaintiff incorporates by reference paragraphs 1 to 8 as though fully set forth.
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10. At the time Plaintiff purchased the VEHICLE from Defendants, they impliedly
1
warranted the VEHICLE was of merchantable quality and that it was fit for its
2
intended use.
3
11. Defendants breached the implied warranty in that the VEHICLE was not of
4
merchantable quality and not fit for its intended use.
5
12. The VEHICLE contained multiple manufacturer defects, defects in assembly, design
6 defects, and other defects, rendering the vehicle unsafe and making it impossible for
7 Plaintiff to use the vehicle without inconvenience, failure, and mechanical breakdown.
8 13. As a direct and proximate result of Defendants' breach, the VEHICLE is virtually
9 useless due to the frequency of breakdown, the safety hazards associated with using
10
the vehicle, and the amount of time the vehicle was out of service due to repair
attempts.
11
14. Plaintiff demanded that Defendants repurchase the VEHICLE pursuant to California
12
law, however Defendants refused.
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15. Plaintiff suffered incidental and consequential damages as a result of the breach.
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16. Pursuant to Civil Code Sections 1793.2 and 1794, Plaintiff seeks reimbursement for
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the cost of financing, and owning the VEHICLE, repairing the VEHICLE, attorney's
16 fees, and a civil penalty in an amount proved at trial.
17
18 SECOND CAUSE OF ACTION

19 BREACH OF EXPRESS WARRANTY
20 Against All Defendants

21
18. Defendants expressly warranted that the VEHICLE was merchantable, safely
22
designed, assembled and fit for the purpose it was intended.
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19. Defendants breached the express warranty in since the VEHICLE was not
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merchantable, safely designed, properly assembled, or fit for its intended purpose.
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20. Subsequent to Plaintiff purchasing the VEHICLE, Plaintiff complained on several
26 occasions the VEHICLE was not functioning properly. Plaintiff made reasonable
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attempts to have the VEHICLE repaired, however said Defendants did not properly
1
repair the vehicle within a reasonable time frame.
2
21. As a direct and proximate result of Defendants' breach the value of the VEHICLE is
3
substantially less than reasonably expected by Plaintiff.
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22. Plaintiff requested Defendants to release the VEHICLE pursuant to California law,
5
however Defendants willfully refused, justifying an award of a civil penalty pursuant
6 to Civil Code Section 1794.
7 23. Plaintiff suffered incidental and consequential damages as a result of the breach.
8 24. Pursuant to Civil Code Section 1794, Plaintiffs also seeks reimbursement for the cost
9 of financing, and owning the VEHICLE, rescission of the purchase agreement of the
10
VEHICLE, restitution damages, reimbursement of costs relating to repairing the
VEHICLE, attorney's fees in an amount to be proved at trial.
11
12
THIRD CAUSE OF ACTION
13
VIOLATION OF SONG BEVERLY CONSUMER WARRANTY ACT
14
Against All Defendants
15
16 26. The Song Beverly Consumer Warranty Act provides that parties making express
17 warranties with regard to consumer goods shall conform to the federal standards for
18 disclosure of warranty terms set forth in the Magnuson-Moss Warranty Federal Trade
19 Commission Improvement Act (15 U.S.C. § 2301 et seq.).
20 27. Under Civil Code Section I793.2(d)(I), if the manufacturer or its representative does
not service or repair the goods to conform to applicable express warranties after a
21
reasonable number of attempts, the manufacturer shall either replace the goods or
22
reimburse the buyer in an amount equal to the purchase price paid by the buyer, and/or
23
loan payments and down payment paid by buyer, less the amount directly attributable
24
to use by the buyer prior to discovery of the nonconformity.
25
28. Civil Code Section I794(b)(2) provides the measure of damages under the Song
26 Beverly Consumer Warranty Act is the right of replacement and reimbursement and
27 the cost of repair necessary to make the consumer goods conform.
28 4
29. The intent of the Song Beverly Act is to protect consumers from warranty fraud and
1
hold manufacturers accountable for their defective products.
2
30. Defendants violated the Act by not repairing Plaintiffs VEHICLE after a reasonable
3
number of attempts.
4
31. Defendants did not conform the VEHICLE to its express warranty after a reasonable
5
number of repair attempts. The VEHICLE still does not conform to its warranty.
6 32. Under the Song Beverly Act, if a manufacturer of a vehicle is unable to repair a
7 vehicle after a reasonable number of repair attempts, the manufacturer of the vehicle,
8 upon demand from the consumer, must reimburse the consumer for the cost of
9 purchasing and owning the vehicle.
10
33. Defendants were unable to repair Plaintiffs VEHICLE after a reasonable number of
repair attempts. Plaintiff demanded that Defendants release the VEHICLE, however
11
Defendants willfully refused in violation of the Song Beverly Act.
12
34. Pursuant to Civil Code Section 1794, Plaintiffs seeks reimbursement for the costs of
13
financing, and owning the VEHICLE, rescission of the purchase agreement of the
14
VEHICLE, restitution damages, reimbursement of costs relating to repairing the
15
VEHICLE, attorney's fees, and a civil penalty in an amount to be proved at trial.
16
17 WHEREFORE, Plaintiffs prays for judgment against Defendant, as follows:

18 FIRST CAUSE OF ACTION
19 1. Incidental and consequential damages in an amount to be proved at trial;
20 2. Rescission of the purchase agreement of the VEHICLE;

3. Reasonable attorney's fees according to proof;
21
4. A civil penalty according to proof;
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5. Costs of suit;
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6. Pre-judgment interest at the legal rate;
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7. Other relief the court deems proper.
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SECOND CAUSE OF ACTION
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3. Reasonable attorney's fees according to proof;
1
4. A civil penalty according to proof;
2
5. Costs of suit;
3
4
5
THIRD CAUSE OF ACTION
8 3. Reasonable attorney's fees according to proof;
9 4. A civil penalty according to proof;
10
5. Costs of suit;
11
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DATE: December 14, 2023 Abraham Law, PC
14
15
By: _______________________
16 Arye C. Abraham, Esq.
17
Attorney for Plaintiff,
JASON LA MARCA
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ABRAHAM LAW, PC

1 Arye C. Abraham, Esq., SBN 337441

9 JASON LA MARCA, Case No:

25 3. FISKER designs, manufactures, constructs, assembles, markets, distributes, and sells

18 SECOND CAUSE OF ACTION

20 Against All Defendants

17 WHEREFORE, Plaintiffs prays for judgment against Defendant, as follows:

20 2. Rescission of the purchase agreement of the VEHICLE;

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