Case 3:20-cv-00284-SI Document 1 Filed 02/19/20 Page 1 of 66 Kim D. Stephens, OSB No. 030635
[email protected] Tousley Brain Stephens PLLC 1700 Seventh Avenue, Suite 2200 Seattle, WA 98101 Tel: (206) 682-5600 Fax: (206) 682-2992 Attorneys for Plaintiff and the Proposed Class [Additional counsel appear on the signature page.] UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION WILLIAM MARTELL, individually and on Case No.: behalf of all others similarly situated, COMPLAINT - CLASS ACTION Plaintiff, VIOLATION OF THE MAGNUSON-MOSS v. WARRANTY ACT, VIOLATIONS OF THE OREGON UNLAWFUL TRADE GENERAL MOTORS LLC, a Delaware PRACTICES LAW, BREACH OF EXPRESS limited liability company, WARRANTY, BREACH OF IMPLIED WARRANTY, FRAUDULENT OMISSION, Defendant. AND UNJUST ENRICHMENT (15 U.S.C. § 2301) DEMAND FOR JURY TRIAL CLASS ACTION COMPLAINT Plaintiff William Martell (“Plaintiff”), individually and on behalf of the other members of the below-defined nationwide and statewide classes (collectively, the “Class”), hereby alleges COMPLAINT – CLASS ACTION - 1 Case 3:20-cv-00284-SI Document 1 Filed 02/19/20 Page 2 of 66 against Defendant General Motors LLC (“GM” or “Defendant”), upon personal knowledge as to his own acts, and as to all other matters upon information and belief, based upon the investigation made by the undersigned attorneys, as follows: I. NATURE OF THE CASE 1. This class action lawsuit is brought by Plaintiff seeking damages and equitable relief individually and on behalf of the other Class members, each of whom purchased or leased one or more model year 2010–2014 GM vehicles fitted with GM’s defective Generation IV 5.3 Liter V8 Vortec 5300 LC9 engines (the “Generation IV Vortec 5300 Engines”).