2 a J
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Eric H. Gibbs (StateBar No. l 78658) firstname.lastname@example.org Dylan Hughes (State Bar No. 209r13) email@example.com
GeoffreyA. Munroe(StateBar No. 22g5g0\ firstname.lastname@example.org GIRARD GIBBS LLP 601CaliforniaStreet,14thFloor SanFrancisco, California 94104 Telephone: (415)98l-4800 Facsimile: (415)98t-4846 Attorneysfor IndividualandRepresentative Plaintiff JonasSugarman
UNITED STATESDISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSEDIVISION
t2 l3 l4
SUGARMAN, on behalf of himself and similarly situated,
DUCATI NORTHAMERICA, Defendant.
CLASSACTION COMPLAINT FOR VIOLATION OF CONSUMER PROTECTION LAWS DEMAND FOR JURY TRIAL CLASSACTION
19 20 2l 22
24 25 26 27 28
Plaintiff JonasSugarman,on behalf of himself and all others similarly situated,alleges the following againstDefendantDucati North America, Inc. (,.Ducati,,): SUMMARY OF THE CASE
Plaintiff and the classmembershe proposesto representare owners or lesseesof 2004-
2010 Ducati motorcycles equippedwith plastic fuel tanks. The plastic used in Plaintiff and class
members' fuel tanks is incompatible with the motorcycles' fuel, which causesthe tanks to rapidly
degradeand deform and leadsto a number of unsafe conditions. Among other things, as the plastic
degradesand deforms, the fuel tanks interfere with the full range of steering,leak fuel onto the engine,
and destabilizethe motorcycle's weight distribution-often to the point that the motorcycle cannot be
l0 11 t2
safely operatedafter only a few thousandmiles of use. 2.
Ducati is covering the defect in its plastic fuel tanks under its warranties,but in
conducting thesewarranty repairs Ducati has chosennot to correct the defect in the tank's material.
1 3 Ducati insteadinstalls a replacementtank made of the sameincompatible material, which likewise I4
begins degradingand deforming upon contact with the motorcycles' fuel. As a result, Plaintiff and
1 5 Ducati owners are repeatedlyexposedto unsafeconditions as their fuel tanks repeatedlydegradeand l6 T7
Basedon chemical principles well known in the industry, materials testing, warranty
1 8 data, customercomplaint data, and replacementpart salesdata, Ducati knew or should have known that l9
its plastic fuel tanks were incompatible with the motorcycles' fuel. Ducati nonethelesscontinuedto sell
Ducati motorcycles with defective plastic fuel tanks for severalyears,even while making plans behind-
the-scenesto use compatible aluminum fuel tanks on future model years. Ducati did not tell its
customersat the time of salethat the tanks were incompatible and would createa number of unsafe
conditions as they degradedand deformed. Nor did Ducati inform its customersthat the problem would
reoccur even after warranty repairs since Ducati was, as a matter of policy and practice, installing
25 replacementfuel tanks made of the sameincompatible material. 26 27
plaintiff now brings this action under the consumerprotection statutesof the Stateof
in California-where Ducati is headquarteredand from where the conduct and non-disclosuresat issue
2 8 this casewere orchestrated-for failing to disclosematerial safety-relatedfacts about its motorcycles
and for employing the unfair practice of conducting fuel tank repairs using the samedefective parts.
Plaintiff seeksequitablerelief requiring Ducati to disclosethat its plastic fuel tanks are incompatible
with the motorcycles' fuel to all existing and prospectivecustomers,and to replacethose incompatible
fuel tanks with fuel tanks that will not degradeor deform upon contact with fuel. In addition, Plaintiff
has provided notice to Ducati that it is in breachof its warranty obligations to the classand has violated
the California ConsumersLegal RemediesAct, and will amendthis complaint to seekcorresponding
damagesunlessDucati promptly correctsthoseviolations. PARTIES
Plaintiff JonasSusarmanis a citizen of Florida and the owner of a2009 Ducati 1198
1 0 motorcycle. 11 t2
Defendant Ducati is a California corporation with its principal place of business
in Cupertino, California. Ducati is the American subsidiary of the Italian motorcycle manufacturer
1 3 Ducati Motor Holding S.p.A. Ducati is responsiblefor marketing,distribution,sales,customerservice, I4
and warranty service of Ducati motorcycles sold within the United States. JURISDICTION AND VENUE
This Court has subject matterjurisdiction pursuantto the Class Action FairnessAct, 28
t 7 U.S.C. $ 1332(d),asthe proposedclassconsistsof more than 100 classmemberswhoseaggregated 1 8 claims exceed$5,000,000,exclusiveof interestsand costs' l9
in Venue is properin this district under 28 U.S.C. $ 1391(b),as DefendantDucati resides
occurredi 20 this district and a substantialpart of the eventsand omissionsgiving rise to Plaintiff s claims
is properto the SanJosedivisionof thisDistrictunderLocalRule3-2(c)'as Assignment occurredin SantaClara 24 a substantialpartof the eventsandomissionsgiving riseto Plaintiff s claims
25 County. COMMON FACTUAL ALLEGATIONS
The Fuel Tank Defect
motorcycles Startingin the2004modelyear,Ducatibeganmarketingandselling
equippedwith plasticfuel tanks. Thesefuel tanksareamongthe mostvisible andprominent
of the motorcycle,positioneddirectlyin front of the rider andcenteredon the motorcycle's components
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showsthe position The illustration above is taken from Plaintiffs' Owner's Manual, and
1 5 and relative size of the fuel tank in Ducati motorcycles' fuel tank usedthe same Each2004-2010Ducati motorcycle equippedwith a non-metal is defective, as it is incompatible with T 7 plastic fuel tank material. The problem is that the plastic material at United Statesgas stations' 1 8 the fuel usedin the motorcycles;i.e., highway vehicle fuel sold in Ducati's 2004'2010 When in contact with the motorcycles' fuel, the material used 13. t9 of the fuel tanks, variously describedby 20 plastic fuel tanks degrades,which in tums leadsto deformation
spreading' Ducati owners as dimpling, wrinkling, flattening' and significant safety hazards, The deformation of Ducati's plastic fuel tanks creates 14.
the suddenshifts in weight distribution that can throw
interferencewith steeringof the motorcycle; and
fuel leaks onto the engine that pose afrehazwd'
driver off balance;
plastic fuel tank degradesand deforms'it losesits Shifts in Weieht: As the motorcycle's fuel is brackets. The result is that the weight of the 28 uniform shapeand also separatesfrom its mounting
not uniformly distributed acrossthe motorcycle frame and also can shift suddenly as the tank moves on
the frame. This lack of stability is dangerous,as it makesthe motorcycle more diffrcult to control and
can throw the driver off balance.
Interferencewith Steerins: As the illustration above shows,the fuel tank is close to the
motorcycle's handlebars. As the fuel tanks' plastic material degrades,the overall shapeof the tank
deforms and shifts into areaswhere the steeringmechanismis supposedto have free reign. The fuel
tank can thus collide with the steeringmechanismwhile the driver attemptsto steer,impeding the
driver's ability to control the motorcycle and tum the front wheel through its full range.
Fuel Leaks: Deformation of the fuel tank also leadsto separationfrom the fuel pump,
which resultsin leaking fuel. The fuel tank is positionedabovethe motorcycle'sengine,meaningthat
leaking fuel posesa seriouscombustionhazard.
Ducati ownershave beenso concernedaboutthe safetyhazardsposedby their plastic
1 3 fuel tanks that over 240have taken the time to lodge complaints with the National Highway Traffic t4 15
Safetv Administration. o
Fuel tank on motorcycle has expandedand buckled. It is no longer being held in place by the "pucks" at the front of the tank. ... The tank shifts back and forth when riding the bike. My biggest concern is that the tank could shift and throw off my balanceunder hard cornering, leading to a loss of control. Ducati north america(dna) has been replacing thesetanks for other owners, but the replacementtanks suffer from the sameissue.Becauseof the lack of a true long term solution, I have not gone through the processof requestinga repliacementyet. It would take a lot of effort, and be a short term solution at best.
Expanding and leaking plastic motorcycle fuel tank. Presentsfire dangerand ill fitment and attachmentto the frame.
The fuel tank has apparentlystretchedout in width to such an extent that the front mount no longer securesthe tank. As a consequencethe tank is loose and held in place only by the rear securingbolt, which is totally inadequateand wasn't designedio hold the tank on its own. I feel this is a very dangerous situation and a potential deathtrap.
My motorcycle has a plastic gastank which has been expanding.The outside it on dimensionsof the tank have increasedand it now the handlebarshit is worrying is more turning and it pressesagainstthe ignition switch but what
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the fact that when hit a moderatebump on the road, the tank becomes unlatchedand requires me to relatch it to prevent the tank from becoming loose. ... I am very concernedas to the safetyof this motorcyclenow.
My motorcycle has a plastic gastank which has begun to expand.The outside dimensionsof the tank have increasedand it now does not sit correctly in the frame, the handlebarshit it on turning. ... I am very concernedas to the safety of this motorcycle now. The tank's swelling has made it so the handlebarsdo not turn correctlv.
My motorcycle has a plastic gastank that has startedto expand.The outside dimensionsof the tank have increasedto point that the original rubber guards no longer touch the frame. The handlebarshit the tank when attempting a full turn to the right - this did not happenbefore. ... I am extremelyconcerned about the safety of my motorcycle as I do not know when my gastank could split open.
The composite fuel tank on my 2006 ducati multistrada620 has warped and becomedistorted. ... The tank hasbecomeso warpedthat fuel actuallyleaks from around the fuel pump when the motorcycles is filled over half way. This has becomea health and safety hazard,as the bike has becomeunsafeto ride due to the dangerof fire/explosion resulting from the warped tank. ... I have tried to contact ducati multiple times about this issue,and everytime I am told to contact a dealer - a dealer who isn't able to help becauseducati won't issues a recall for a widely known problem with fuel tanks'
2006 ducati mts 620 beganto steadily leak fuel from bottom of fuel tank at the fuel pump flange. This allowed fuel to drip onto hot exhaust,which could have causedafllre.
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Ducati's Failure To Discloseor Correct The Defect 19.
Ducati has long known or should have known that the plastic material used in its fuel
have revealed tanks is incompatible with the motorcycles' fuel. Standardpre-releasefield testing would
form of wrinkling, the problem, as the fuel tanks begin showing signs of the incompatibility, in the degradeand deform dimpling, and other deformationswithin a short period of time after use, and often z) or few thousandmiles of to the point that the motorcycle cannot be safely operatedwithin a few months 24 with fuel was also The fact that the plastic material Ducati was using degradedwhen in contact 25 use. have been awarethat it was not well-documentedin the motor vehicle industry and Ducati should
for use in a fuel tank. 27 suitable
In addition, Ducati had exclusive accessto information about the plastic fuel tanks
through its materials testing data,warranty data,customercomplaint data, and replacementpart sales
data, among other sourcesof aggregateinformation about the problem. In contrast,the defective nature
of the plastic fuel tanks were not known or reasonablydiscoverableby Plaintiff and classmembersprior
to purchaseand without experiencingthe defect first hand and exposing themselvesto an umeasonable
Consumerswere complaining about deformation of the plastic fuel tanks and lodging
safetycomplaintswith NHTSA by 2006. Behind the scenes,Ducati also developedan aluminum fuel
tank that was compatible with the motorcycles' fuel and would not degradeand deform in its presence.
Despite Ducati's knowledge that its plastic fuel tanks degradedand deformed in the
1 1 presenceof the motorcycles' fuel, posing a number of safety hazardsto motorcycle owners, Ducati did
t2 l3 l4
not disclosethose material facts to Plaintiff and classmembersbefore they purchasedtheir motorcycles. 23.
Nor has Ducati disclosedthe material incompatibility and resultantsafety implications at
any other time, including when customersspecifically complained. Ducati has insteadconcealedthe
1 5 incompatibility by denying that there is a known or widespreadproblem and by repairing class T 6 members' deformed fuel tanks using the sameplastic fuel tanks. t7
The defect in the fuel tanks' material is coveredby at least two of Ducati's warranties:
1 8 (1) its standardwananty, under which "Ducati guaranteesall its bikes for a period of 24 months from 1 9 registration,with unlimited mileage"; and (2) its federally-mandatedemissionscontrol systemwarranty, 20 under which Ducati warrants that each of its motorcycles "is free from defectsin material and regulationsof the workmanship which will causesuch motorcycle to fail to conform with applicable for a period of 22 United StatesEnvironmental protection Agency or the California Air ResourcesBoard delivery, 23 use of 30,000kilometers(18,641miles) or 5 (five) yearsfrom the dateof initial retail
24 whicheverfirst occurs." warranty, but its Ducati has been covering the cost of repairing its fuel tanks under Ducati's repair practices 26 repairs are not designedto correct the fuel tanks' defective material. Instead, with the motorcycles' fuel and to 27 are designedto concealthe fuel tanks' fundamentalincompatibility deform in the presenceof fuel. 28 saveDucati the cost of installing a fuel tank that doesnot degradeor
When classmembersbring their motorcycles in for repairs, Ducati merely replacesthe
classmember's fuel tank with anotherfuel tank made of the samedefective plastic material, which
likewise begins degradingand deforming upon contact with the motorcycles' fuel.
As a result of Ducati's repairpractices,Plaintiff and classmembersare repeatedly
exposedto unsafeconditions as their fuel tanks repeatedlydegradeand deform.
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PLAINTIFF'S EXPERIENCE 28.
Plaintiff JonasSugarmanpurchaseda2009 Ducati 11985motorcyclein April 2009 for
About five months after purchasinghis motorcycle, Mr. Sugarmanfirst noticed that his
1 0 fuel tank was deforming. Over the next month or two, Mr. Sugarmannoticed that the fuel tank 1 1 continuedto deform and that fuel was leaking from the fuel tank. t2
In November 2009,Mr. Sugarmanpaid to tow his Ducati motorcycleto the Ducati Mi
1 3 dealership,where his fuel tank was replacedunder warranty with anotherfuel tank made of the same T 4 plastic material. At that time, Mr. Sugarmanhad driven his motorcyclea total of 2,193miles. 15
Within a few months after his fuel tank was replaced,Mr. Sugarmannoticed that the
replacementfuel tank was also deforming. Mr. Sugarmanintends to take his motorcycle into the Ducati
hi Miami dealershipfor further repair, but is concernedthat the sameproblems he has experiencedwith
1 8 previoustwo fuel tankswill continueto recur. l9 20
hasownedhis motorcyclefor only l8 months,drivenit only 3,923miles, Mr. Sugarman conditions. andalreadyhassufferedthe deformationof two fuel tanksaswell asthe resultingunsafe 32.
2l 22 z)
pursuantto Rule 23 of the FederalRules of Civil Procedure,Plaintiff brings this action
on behalf of himself and a Classinitially definedas: within the United All personswho purchaseda Ducati motorcycle with a plastic fuel tank States.
Holding S.p.A and any othe Excludedfrom the proposedClassare Ducati; Ducati Motor has a controlling interest; any of 27 parent, affiliate, or subsidiary of Ducati; any entity in which Ducati of Ducati; anyoneemployedby 28 Ducati's offrcers,directors,or employees;any successoror assign
counsel for Plaintiff; and any Judgeto whom this caseis assignedas well as his or her immediate
Numerosityof the Class- Fed.R. Civ. P. 23(aXl). Approximately 50,000Ducati
motorcycles with plastic fuel tanks have been sold within the United States,meaningthat Class
membersare far too numerousto practicallyjoin in a singleaction.
Existenceand Predominanceof Common Ouestions-Fed. R. Civ. P. 23(aX2).23(bX3).
Common questionsof law and fact exist as to all Classmembersand predominateover questions
affecting only individual Class members. Thesecommon questionsinclude the following: a. Whether the plastic fuel tanks used in Class motorcycles degradeand deform in the
presenceof the motorcycles'fuel;
b. When Ducati knew or should have known that the plastic fuel tanks in Class
motorcycleswere incompatiblewith the motorcycles'fuel;
c. Whether plastic fuel tanks in Class motorcyclespose an ulueasonablesafety hazatd,
suchthat their incompatibility with the motorcycles' fuel is a material fact that Ducat
is and was obligedto discloseto Classmembersunder California law; d. WhetherDucati's policy and practiceof repairingClassmembers'fuel tanksby
replacing them with fuel tanks that use the sameincompatible plastic material
constitutesan unfair businesspractice under California's Unfair Competition Law;
e. Whether Ducati should be required to notiff Class membersthat their motorcycle's
fuel tanks are incompatible with the motorcycles' fuel and ceaseits practice of
providing replacementfuel tanks that use the sameincompatible material.
of the Tvpicatitv - Fed.R. Civ. p. 23(aX3). Plaintiff s claims are typical of the claims motorcycle equippedwith a Class membersbecause,among other things, Plaintiff purchaseda Ducati 37.
and 24 fuel tank that usesthe sameplastic material as was used in all class motorcycles' which 25 is pursuing claims againstDucati under California consumerprotection law,
can properly be
26 applied to the claims of all Classmembers' 27
. Plaintiff is an adequate
class membershe seeksto represent' 28 representativebecausehis interestsare aligned with those of the
Plaintiff has retained counsel competentand experiencedin complex class action litigation, and intends
2 to prosecutethis action vigorously on Classmembers'behalf. a J
Superiority- Fed. R. Civ. P. 23ftX3). The action may be certified underRule 23(b)(3)
becausecommon questionspredominateas describedabove and becausea class action is the best
available method for the fair and efficient adjudication of this controversy. This litigation involves
technical issuesthat will require expert testimony and targeteddiscovery of a sophisticateddefendant,
and could not practically be taken on by individual litigants. In addition, individual litigation of Class
members' claims would be impracticable and unduly burdensometo the court systemand has the
potential to lead to inconsistentresults. A classaction presentsfewer managementproblems and
1 0 providesthe benefitsof singleadjudication,economiesof scale,and comprehensivesupervisionby a 1l t2
single court. 40.
In the alternativeto classcertificationunderRule 23(b)(3),the proposedClassmay be
1 3 certifiedunder Rule 23(b)(1) or Rule 23(b)(2)because: a. the prosecutionof separateactions by the individual membersof the Classwould
createa risk of inconsistentor varying adjudication with respectto individual Class
memberswhich would establishincompatible standardsof conduct for Ducati; b. the prosecutionof separateactions by individual Class memberswould createa risk
of adjudicationswith respectto them which would, as a practical matter, be
or dispositive of the interestsof other Classmembersnot parties to the adjudications,
substantiallyimpair or impede their ability to protect their interests;and
thereby Ducati has actedor refusedto act on grounds generally applicable to the Class,
of the Class as a whole' making appropriatefinal and injunctive relief with respectto the members
herein such The Stateof California has sufficient contactsto the conduct alleged
proposed 2 5 california law may be uniformty appliedto the claims of the
26 27 28
offtces are located in Ducati does substantialbusinessin California, its principal
California, and a significant portion of the proposedClass 44.
members' claims against The conduct that forms the basis for each and every Class
Ducati emanatedfrom Ducati's headquartersin Cupertino, California. 45.
Ducati personnelresponsiblefor customerand dealershipcommunicationsare located at
Ducati's California headquartersand the core decision not to disclosethe fuel tank incompatibility to Class membersat the time of sale or otherwise was made and implemented from there.
Ducatipersonnel responsible for settingDucati'srepairpolicyandpracticewith respect
to the plastic fuel tanks are located at Ducati's California headquarters,as are the personnelresponsible
for communicating that policy and practice to Ducati dealershipsand for distributing replacementplas
fuel tanks to Ducati dealerships.
9 l0 ll t2 13
claims. Its governmentalinterestsinclude not only an interest in compensatingresident consumers under its consumerprotection laws, but also what the Statehas characterizedas a "compelling" interest in using its laws to regulate a residentcorporation and preservea businessclimate free of fraud and deceptivepractices.Diamond Multimediasys. v. Sup. Ct., 19 Cal. 4th 1036, 1064(1999).
15 t6 17 18 t9
The Stateof California has the greatestinterest in applying its law to Classmemberso
Were other states'laws appliedto Classmembers'claims, Califomia's interestin
discouragingresident corporationsfrom engagingin the sort of unfair and deceptivepracticesalleged in this complaint would be significantly impaired, California could not effectively regulate a company like Ducati, who doesbusinessthroughout the United States,if it can only ensurethat consumetsftom one of the fifty statesaffected by conduct that runs afoul of its laws are protectedand compensated. FIRST CAUSE OF ACTION
20 2I 22 23 24 25 26
(Violation of the Consumers Legal RemediesAct, Cal. Civ. Code $ 1750' et. seq') 49.
Plaintiff incorporatesthe above allegationsby reference.
Code Ducati hasviolatedthe ConsumersLegal RemediesAct (CLRA), California Civil
competitionand unfair and sections1770(a)(5),(7), (14),and (16), by engagingin unfair methodsof the saleof Ducati motorcyclesto deceptiveacts and practicesin connectionwith transactions-namely, goods plaintiff and Classmembers-that are intendedto result and have resulted in the sale and leaseof
27 to consumers. 28
Clnss AcrIoN coMPLAINT
In connectionwith the saleof Ducati motorcyclesto Plaintiff and Classmembers,Ducati
omitted material information about those motorcycles which it was legally obligated to disclose. Ducati
did not inform and has never informed Plaintiff or Classmembersthat the plastic material used in their
motorcycle's fuel tank is defective in that it degradesand deforms in the presenceof the motorcycles'
The incompatibilityof Ducati'splasticfuel tankswith motorcyclefuel posesan
unreasonable safetyrisk to consumers andothermembersof thepublic with whomthey sharethe road.
Ducatihadexclusiveknowledgeof the incompatibilityandhasactivelyconcealedit from consumers.
As a result of Ducati's violationsof the CLRA, Plaintiff and Classmembershave
1 0 suffered damages. Plaintiff and Classmemberswould not have purchasedtheir motorcycles had the ll
tank defect and associatedsafety risks been disclosedto them. In addition, Plaintiff and other Class
membershave incurred towing costs and other costs as a result of the defective fuel tanks and are left
1 3 with motorcycles that pose repeatedsafety risks and are therefore less valuable. t4
Plaintiff seeksan order requiring Ducati to disclosethe existenceof the fuel tank defect
and associatedsafety risks to all existing and prospectivecustomers,and to provide all Classmembers
with fuel tanks that do not degradeand deform in the presenceof the motorcycles' fuel. In addition,
Plaintiff has servedDucati with a demandpursuantto Civil Code section1782, and will amendthis
1 8 action to seekdamagesif Ducati doesnot timely remedyits CLRA violations. l9
SECOND CAUSE OF ACTION
(For unlawful, unfair, and fraudulent businesspractices under California Businessand ProfessionsCode $ 17200et seq.)
2l 22 23 24 25 26 27 28
Plaintiff incorporatesthe aboveallegationsby reference'
Ducati has violated and continuesto violate California's Unfair Competition Law, Cal.
Bus. & Prof. Code $ 17200,et seq.,which prohibitsunlawful, unfair, or fraudulentbusinessactsor practices. 57.
Ducati's acts and practices,as alleged in this complaint, constituteunlawful practicesin
that they violate the ConsumersLegal RemediesAct. 5g.
Ducati's acts and practices,as alleged in this complaint, constitute fraudulent practicesin
not expectthat the that they are likely to deceive a reasonableconsumer. A reasonableconsumerwould
CLASS ACTION COMPLAINT
fuel tank of a Ducati motorcycle would degradeand deform upon contact with the motorcycle's fuel,
creating a number of unsafe conditions.
Ducati's actsand practices,as allegedin this complaint,constituteunfair practicesin that
(i) they are unethical, unscrupulous,and substantiallyinjurious to consumers;(ii) any legitimate utility
of Ducati's conduct is outweighed by the harm to consumers;(iii) the injury is not one that consumers
reasonablycould have avoided; and/or (iv) the conduct runs afoul of the public safety policy embodied
in the Highway Safety Act and the policies underlying the CLRA, which seeksto protect consumers
againstunfair and sharpbusinesspracticesand to promote a basic level of honesty and reliability in the
marketplace. In particular, it is fundamentally unfair to consumersto sell motorcycles with fuel tanks
1 0 that degradeand deform upon contactwith the motorcycles' fuel, causing severalunsafeconditions. It ll
is also fundamentally unfair to repair a defect in the fuel material by installing a replacementfuel tank
that usesthe samedefective plastic material, exposing consumersand membersof the public to the
unsafeconditions in the future.
As a result of Ducati's unfair, unlawful, and fraudulent businesspractices,Plaintiff has
1 5 suffered injury in fact and lost money or property. Plaintiff purchaseda motorcycle he otherwise would t6
not havepurchased,has incurredtowing costsas a result of Ducati's practices,and is left with a
motorcycle that posesrepeatedsafety risks and is therefore less valuable.
Plaintiff and Class membersare entitled to equitable relief, including restitution of all
revenueaccruing to Ducati becauseof its unlawful, unfair, and fraudulent practices,attorney fees and
costs,declaratoryrelief, and a permanentinjunction enjoining Ducati from its unlawful, unfair,
fraudulent and deceitful activity. TOLLING
Any applicable statuteof limitations that might otherwise bar any Class member's claims
24 is tolled by Ducati's knowing and active concealmentof the fact that it was selling motorcycleswith 25 fuel tanks that it knew to be incompatible with the motorcycles' fuel. Ducati kept Plaintiff and the 26 membersof the Class ignorant of vital information essentialto the pursuit of their claims. Class 27 memberscould not reasonablyhave discoveredthat their fuel tanks were degradingand deforming 28
becauseof an incompatibility in the tank's plastic material,especiallygiven Ducati's practice of denyi
any known and widespreadproblem and of installing replacementtanks made of the samematerial. PRAYER FOR RELIEF
WHEREFORE, Plaintiff, on his own behalf and on behalf of the Class,prays for judgment as
For an order certifying the proposedClass and appointing Plaintiff and his counselto representthe Class;
For an order requiring Ducati to disclosethe existenceof the fuel tank defect and associatedsafety risks to all existing and prospectivecustomers,and to provide all Class
memberswith fuel tanks that do not degradeand deform in the presenceof the
motorcycles'fuel, or suchother injunctive relief as the Court may deemproper;
Court may deemproper;
For an award of restitution to Plaintiff and Class members,or other equitablerelief as the
For an award of reasonableattorney fees and costsof suit, including expert witness fees; and
For such other and further relief as this Court may deemjust and proper. DEMAND FOR JURY TRIAL
Plaintiff hereby demandsa jury trial on all claims so triable.
t9 20 Dated:November18.2010
ey:F Dylan Hughes
23 24 25 26 27
Eric H. Gibbs Geoffrey A. Munroe GIRARD GIBBS LLP 601 California Street,l4th Floor SanFrancisco,CA 94108 Telephone:(415) 981-4800 Facsimile:(415)981-4846