Rosner, Barry & Babbitt’s Auto Fraud Legal Center has filed a lawsuit against North County Buick Cadillac GMC, which is located in Escondido, California. The lawsuit was filed on behalf of Jose Delgado in San Diego County Superior Court. Mr. Delgado purchased a 2007 Cadillac Escalade from North County Buick Cadillac GMC on July 8, 2011. The Cadillac was sold to Mr. Delgado with a 3 month/3,000 mile express warranty. The sale of the Cadillac with an express warranty creates an implied warranty that the Cadillac is merchantability. The lawsuit alleges that shortly after the purchase, Mr. Delgado discovered that the Cadillac had been involved in an accident prior to being sold to him. Mr. Delgado asked if the Cadillac had been involved in any accidents before. He was told “no.” The sale of the Cadillac with accident damage breached the implied warranty of merchantability, thus violating the Song-Beverly Consumer…
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California Lemon Law Specialists BLOG
Can Chevy Make CA Dealerships The Happiest Places On Earth?
October 26th, 2011Bruce Hamlin, owner of Guaranty Chevrolet in Santa Ana, learned something during his last visit to Disneyland. “Imagine that you have Cinderella going out and greeting these kids,” Hamlin told the Los Angeles Times in an article published on October 17, 2011. “Can you imagine her taking a break and kids seeing her puffing on a cigarette?” Hamlin was among the many Chevrolet dealers and sales staff attending classes at the Anaheim theme park that General Motors Co. is hoping will show how Disneyland cast members are not allowed to do anything but play their role in public and “turn fast-talking car salesmen into personable Prince Charmings.” According to the Times, the customer service initiative is part of a campaign by the manufacturer to boost market share in California, where the American brand has been lagging behind foreign competition for years. GM has offered $500,000 to $1.5 million in improvement…
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Rosner, Barry & Babbitt’s Auto Fraud Legal Center sues Car Pros Kia of Carson
October 25th, 2011Rosner, Barry & Babbitt’s Auto Fraud Legal Center has filed a lawsuit againsg Car Pros Kia of Carson. The lawsuit was filed on behalf of Milka Barilari in Los Angeles County. On Janary 28, 2010, Ms. Barilari purchased a new 2011 Kia Sorrento from Car Pros Kia of Carson. The lawsuit alleges that Car Pros Kia of Carson did not properly disclose the License Fees and Registration/Transfer/Titling Fees on the purchase contract. When a consumer purchased a new car, there should always be a charge for “License Fees” and “Registration/Transfer/Titling Fees.” The purchase contract prepared by Car Pros Kia of Carson listed an amount for the License Fees, but did not list an amount due for Registration/Transfer/Titling Fees. Thus, Car Pros Kia of Carson overcharged Ms. Barilari for the License Fees applicable to his vehicle purchase and never provided her a refund. Ms. Barilari’s lawsuit alleges that these practices violate…
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Millions of California Vehicle Contracts have Illegal Arbitration Clauses
October 25th, 2011Rosner, Barry & Babbitt, LLP’s Auto Fraud Legal Center proudly announces another victory for California car buyers against dealerships trying to take away their legal rights. On October 24, 2011, the California Court of Appeal issued a published opinion in Sanchez v. Valencia Holding Company, LLC, 2011 WL 5027488, holding the arbitration clause used by car dealers and financial institutions hidden on the back of most California car purchase contracts is unconscionable and unenforceable. This decision enables potentially millions of Californians to pursue claims against car dealers and lenders in court, rather than through forced private arbitration. The decision also paves the way for class action lawsuits against dealers and lenders for their fraudulent practices which would have been barred in arbitration. Gil Sanchez purchased a used 2006 Mercedes-Benz S500V from Mercedes Benz of Valencia in August 2008. Mr. Sanchez alleges the dealership lied to him about paying to have…
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