H.1 Sample Class Action Complaint [caption] [court]UNITED STATES DISTRICT COURT DISTRICT OF CALIFORNIA [plaintiff]JENNY CONSUMER, individually and on behalf of all others similarly situated, Plaintiff, [vs.] [defendant]TOON TOWN MOTORS, INC., a corporation, Defendant. [end caption] CLASS ACTION COMPLAINT FOR VIOLATION OF THE FEDERAL ODOMETER LAW, FRAUD AND NEGLIGENCE Plaintiff, by her undersigned attorneys, for her Class Action Complaint (Complaint) against defendants, alleges as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over the subject matter of this action pursuant to Section 409(b) of the Motor Vehicle Information and Cost Savings Act ("the Act"), 49 U.S.C. § 32710(b) and principles of pendent jurisdiction. The claims asserted here arise under Sections 408 and 409 of the Act, 49 U.S.C. §§ 32705 and 32710 and the regulations promulgated thereunder by the Secretary of Transportation, 49 CFR 580.1 et seq., and under state law of fraud and negligent misrepresentation. 2. Venue is proper in this District pursuant to 28 U.S.C. § 1391(c). Toon Town Motors, Inc. ("Toon Town Motors") is a California corporation with its principal place of business at 6410 Brae Burn, Dania, California. Many of the acts and transactions giving rise to the violations of law complained of herein, including the sales of motor vehicles with false odometer information, occurred in this District. SUMMARY OF THE ACTION 3. During the period _______, Toon Town Motors acquired more than 150 used cars from a group of used car distributors, primarily one dealer d/b/a "International Motors," which Toon Town Motors resold to consumers such as plaintiff. All of those vehicles were represented by Toon Town Motors to have lower mileage than they in fact had. This is a class action on behalf of all persons, other than defendants, who, during the period _______, purchased from Toon Town Motors used vehicles which Toon Town Motors had acquired from the distributors named below in paragraph 5. and which had rolled back odometer readings. THE PARTIES 4. Toon Town Motors sells new and used motor vehicles from its dealership facilities in Dania and elsewhere in California. It is a "dealer" within the meaning of that term as defined in 49 U.S.C. § 32702(2). 5. Joe Able, Susie Baker, Karen Cross, and Kyle David were, at all times relevant, in the business of buying and selling used cars; they are "distributors" within the meaning of that term as defined in 49 U.S.C. § 32702(3) and are hereinafter referred to in this Complaint as "the distributors." 6. Plaintiff Jenny Consumer is a citizen of California who resides in the City and County of San Francisco. DUTIES OF THE DEFENDANTS 7. Pursuant to the Act and the regulations prescribed thereunder by the Secretary of Transportation (49 CFR 580.1 et seq.), every transferor of a motor vehicle is required to deliver to the transferee a written disclosure of the cumulative mileage registered on the odometer, or a statement that the actual mileage is unknown, if the odometer reading is known to the transferor to be different from the number or miles the vehicle has actually traveled. 49 U.S.C. § 32705(a); 49 CFR 580.5. The transferor is prohibited from making any false statement to the transferee in making the required disclosure and from violating any regulation prescribed by the Secretary. 49 U.S.C. § 32705(a). Dealers, like Toon Town Motors, are prohibited from acquiring ownership of any motor vehicle if the written disclosure required by the Act and regulations is incomplete. 49 U.S.C. § 32705(a). 8. The Act makes it illegal for any person to conspire with any other person to violate section 32703, 32704, or 32705. 49 U.S.C. § 32703(4). PLAINTIFF CLASS ALLEGATIONS 9. Plaintiff brings this action as a Class Action pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure on behalf of all persons who, during the period _______, purchased from Toon Town Motors a used vehicle which Toon Town Motors had purchased from the distributors and which had a false odometer statement. Excluded from the Class are the defendant herein, the distributors, the officers and directors of Toon Town Motors and their immediate family members, and the legal representatives, heirs, successors or assigns of any such excluded party. 10. The members of the Class are so numerous that joinder of all members is impracticable. While the exact number of Class members is unknown to plaintiff at the present time, plaintiff is informed and believes that Toon Town Motors bought more than 150 used vehicles from the distributors during this period and resold each of them to a private purchaser like plaintiff without disclosing to those purchasers that the odometers on those vehicles had been altered or replaced. 11. Plaintiff©s claims are typical of the claims of the Class because plaintiff and all the Class members sustained damages which arose out of defendant©s wrongful conduct complained of herein. 12. Plaintiff is a representative party who will fully and adequately protect the interests of the Class members. Plaintiff has retained counsel who are experienced and competent in both class action and consumer litigation, including federal odometer statute litigation. Plaintiff has no interests which are contrary to or in conflict with those of the Class she seeks to represent. 13. A class action would be superior to all other available methods for the fair and efficient adjudication of this controversy. Plaintiff knows of no difficulty to be encountered in the management of this action that would preclude its maintenance as a class action. 14. The prosecution of separate actions by individual class members would create a risk of inconsistent and varying adjudications concerning the subject of this action, which adjudication could establish incompatible standards of conduct for defendant under the laws alleged herein. Further, questions of law and fact common to the members of the Class predominate over any questions which may affect only individual members in that defendant has acted on grounds generally applicable to the entire Class. Among the questions of law and fact common to the Class are: a. Whether the federal odometer law was violated by Toon Town Motors as herein alleged; b. Whether Toon Town Motors acted with intent to defraud; c. Whether Toon Town Motors conspired with the distributors to violate the Act; d. Whether Toon Town Motors aided and abetted the distributors in violating the Act; e. Whether the prices at which the vehicles were sold to the consumers were artificially inflated due to the misrepresentation of mileage complained of herein; f. The extent of injuries sustained by members of the Class and the appropriate measure of damages. CONSPIRACY AND AIDING AND ABETTING ALLEGATIONS 15. During all relevant times, Toon Town Motors was in a conspiracy with the distributors listed in paragraph 5. above to purchase used vehicles from individual sellers, roll back the odometers on those vehicles, and resell them to unsuspecting purchasers like plaintiff at inflated prices. 16. During all relevant times, Toon Town Motors was an agent of the distributors in their scheme to purchase used vehicles, roll back the odometers, and resell them to unsuspecting purchasers like plaintiff at inflated prices. THE VEHICLE SALES 17. Between _______ and _______, Toon Town Motors acquired more than 150 used vehicles from the distributors. During this period, Toon Town Motors©s Manager of Used Car Sales was an individual who was personal friends with the above-named distributors. Through the actions of this employee, Toon Town Motors acquired the vehicles which are the subject of this action. When it acquired those vehicles, Toon Town Motors intended to resell them to consumers at a profit. 18. One of the vehicles which Toon Town Motors acquired from the distributors was a 1985 Buick Century, License # 1LPE001 ("the 1985 Buick"). 19. On or about _______, plaintiff Jenny Consumer purchased the 1985 Buick from Toon Town Motors. At the time of the sale, Toon Town Motors represented in writing and orally that the 1985 Buick had been driven a total of 39,400 miles. 20. In truth, the 1985 Buick had been driven more than 81,800 miles. Its odometer had been altered or replaced in order to make it appear that the vehicle had less mileage than it actually had, so as to inflate the price of the vehicle. 21. At the time Toon Town Motors sold the 1985 Buick Century to plaintiff it intended to defraud her. 22. Plaintiff did not discover the fraud until late _______, when she received a letter from Investigation and Occupational Licensing, California Department of Motor Vehicles, informing her that the odometer on the 1985 Buick had been altered. 23. During the relevant period, Toon Town Motors sold to other members of the Class approximately 150 other used vehicles which it had acquired from the distributors. The odometers on those vehicles had also been altered or replaced in order to make it appear that they had lower mileage and to inflate the prices of those vehicles. 24. At the time Toon Town Motors sold those vehicles to the members of the Class, Toon Town Motors intended to defraud them. COUNT I For Violations Of Section 408 of the Motor Vehicle Information and Cost Savings Act and the Regulations Promulgated by the Secretary of Transportation 25. Plaintiff incorporates by reference paragraphs 1 through 24 as if set forth fully herein. 26. Defendant Toon Town Motors misrepresented the actual mileage on the vehicles that it sold to plaintiff and the Class during the relevant period. 27. Defendant Toon Town Motors intended to defraud plaintiff and the Class.