Case Summary - Case ID Confidential

Settlement Report (January 5, 1998)
Consumer Legal Remedies Act
Settlement: $80,000.00, plus the balance of loan.

Attorneys:

Plaintiff’s Counsel: Robert F. Brennan, Esq., Glendale
Defendant’s Counsel: John Tasker, Esq., CALLAHAN, McCUNE & WILLIS, Los Angeles.

FACTS:

On January 2, 1997, defendant Dealer sold a 1995 Volkswagen Passat to Plaintiff for her personal use, at the retail price of $27,945.00. The vehicle was represented to Plaintiff as a used vehicle, in excellent condition. At the time of purchase, Plaintiff advised the dealer that she had a serious illness, primary pulmonary hypertension, and required reliable transportation in the event she needed to be rushed to a hospital emergency room. On February 13, 1997, Plaintiff took the car to Santa Monica Volkswagen to diagnose the reason the subject vehicle was making a grinding noise in the front end and to find out why when the she attempted to put the vehicle into Park, the gear shift would not go all the way in. At this time, Plaintiff was told that the vehicle may have had previous front end suspension repairs, and that driving the vehicle in its current condition may cause further damage to the vehicle and that it should not be driven. On February 19, 1997, Plaintiff additionally discovered from an inspection by an independent automotive expert that the vehicle had sustained extensive pre-sale collision damage, prior to the date that defendant Dealer sold the vehicle to her.

CONTENTIONS:

Plaintiff contended that defendant dealer had committed a deliberate fraud in selling her the subject vehicle without disclosing the collision damage. Defendant contended that it had no knowledge of the collision repairs, and that the collision repairs were not major.

DAMAGES:

Purchase price of $27,945.00, plus general damages, punitive damages and attorney’s fees.

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