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Carlos Ruvalcaba sues auto giant General Motors for alleged breach of warranty

SOUTHEAST TEXAS RECORD

Friday, November 29, 2024

Carlos Ruvalcaba sues auto giant General Motors for alleged breach of warranty

State Court
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District Courts of Harris County | Official website

Carlos Ruvalcaba has filed a lawsuit against General Motors LLC, alleging multiple breaches of warranty and violations of consumer protection laws. The complaint was lodged on November 14, 2024, in the District Court of Harris County, Texas. Ruvalcaba claims that his 2020 Chevrolet Silverado, purchased from an authorized General Motors dealer in Houston, Texas, is plagued with defects that impair its use and safety.

The plaintiff's story begins with the purchase of the vehicle on January 4, 2020. Ruvalcaba received several warranties from General Motors at the time of purchase, including a three-year/36,000-mile basic warranty and a five-year/60,000-mile powertrain warranty. Despite these assurances, he reports experiencing significant issues with the vehicle shortly after purchase. The problems included recalls for seatbelt and electrical systems, transmission issues, and persistent warning lights. These defects prompted Ruvalcaba to seek repairs under warranty on at least five occasions between May 2020 and July 2022.

Ruvalcaba argues that despite numerous repair attempts by General Motors' authorized service facilities, the vehicle's defects remain unresolved. He asserts that these ongoing issues have substantially impaired the vehicle's value and safety, leading him to lose confidence in its reliability. As a result, he has requested that General Motors repurchase the vehicle and refund all payments made towards its purchase.

The legal foundation of Ruvalcaba's complaint rests on several key accusations against General Motors. He alleges violations of the Texas Deceptive Trade Practices Act (DTPA), claiming that General Motors engaged in false and misleading practices by failing to honor express and implied warranties. Additionally, he accuses them of breaching express warranties as defined under Tex. Bus & Com. Code § 2.313 and implied warranties under Tex. Bus & Com. Code § 2.314.

Furthermore, Ruvalcaba invokes the Magnuson-Moss Warranty Act in his complaint against General Motors for their failure to honor written warranties and properly repair or replace defective parts within a reasonable timeframe.

In terms of relief sought from the court, Ruvalcaba requests damages within the jurisdictional limits of Harris County Court along with costs including expert witness fees and attorneys’ fees. He also seeks other relief deemed just by the court.

Representing Carlos Ruvalcaba is attorney Travis L. Shackelford from Consumer Legal Services P.C., based in Garden City, Michigan. The case is filed under Case ID: 2024-80256 before Judge Cally Mitchel in Harris County’s 295th Judicial District Court.

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