Yvette Naomi Holmes v. General Motors, LLC, et al.

I.

BACKGROUND

In August 2022, plaintiff Yvette Holmes purchased a 2022 GMC Terrain manufactured by Defendant General Motors, LLC (“GM”). (ECF 1-1 at 26). Plaintiff alleges the vehicle displayed defects during the applicable warranty period and GM could not repair it after a reasonable number of attempts. (Id. at 27). She further alleges GM failed to timely repurchase or replace the nonconforming vehicle as required by California’s Song-Beverly Consumer Warranty Act. (Id.) (citing Cal. Civ. Code § 1793.2). Plaintiff adds that GM’s failure was “willful”—in that GM “knew of their legal obligations and intentionally declined to follow them”—and therefore seeks authorized civil penalties of up to two times her actual damages. (Id. at 28–29, 34) (citing Cal. Civ. Code § 1794(c)). Based on these allegations, plaintiff sued GM in Los Angeles County Superior Court for violations of California consumer protection laws, including the Song-Beverly Act, as well as the federal Magnuson-Moss Warranty Act (“MMWA”). (ECF 1 at 1; ECF 1-1 at 25–36). In her complaint, plaintiff demands actual damages, consequential and incidental damages, the maximum civil penalty allowed under the…