Roberts v. Roseville BMW (S CV 22351)

Hon. Charles D. Wachob, Placer County Superior Court

IDENTITY THEFT

ATTORNEYS:

Plaintiff, Michael Roberts and Melissa Roberts

Randall Harr, Esq. (Gifford & Harr, McArthur, CA)

Defendants, Vanderbeek Motors, Inc. dba Roseville BMW

Elizabeth L. Kolar, Esq. (Kolar & Associates, Santa Ana)

FACTS & CONTENTIONS:

Plaintiffs alleged that their identity was stolen which resulted in economic damages including, but not limited to, loss of their home and business. Defendants denied that their conduct caused and/or contributed to the Plaintiffs damages. Instead, the Plaintiffs damages were caused by their inability to get credit because of their pre-existing bad credit and the down turn in the economy.

Plaintiffs filed a complaint against Roseville BMW for the following: Negligence, Fiduciary Misconduct, Premises Liability, Breach of Bailor Duties, Conversion, Negligence Infliction of Emotional Distress, Breach of Fiduciary Duty, Appropriation of Name, and Statutory Violation of California Civil Code Sections 1798 et seq. Defendants, Roseville BMW denied these allegations.

DEMANDS/OFFER:

Plaintiffs demanded $999,999.00.  Roseville BMW offered $15,000.

OUTCOME:

Judgment was rendered in favor of Roseville BMW with costs in the amount of $34,500 in favor of Roseville BMW.

Vladish v. Villa Ford (30-2008-00104717)

Hon. Geoffrey Glass – Orange County Superior Court

CONSUMER LAW

Consumer Legal Remedies Act

Common Law Fraud

ATTORNEYS:

Plaintiff, Cyrena Vladish

Agnes Martin, Esq. (Krohn & Moss – Los Angeles, CA)

Defendant, Villa Ford

Elizabeth L. Kolar, Esq. (Kolar & Associates – Santa Ana, CA)

FACTS:

Plaintiff, Cyrena Vladish, purchased a used Ford Escape on September 11, 2005. Ms. Vladish experienced various mechanical defects with the vehicle and took the vehicle in for repairs to a secondary dealership. The mechanic at this dealership allegedly informed Plaintiff that the vehicle’s engine block was crack and being “held together” by glue caused by an alleged prior accident. Defendant denied Plaintiff’s allegations.

JURY TRIAL:

Defense verdict in favor of Villa Ford plus costs awarded.

Miller v. Honda of Santa Monica (SC088752)

Hon. James Bascue, Los Angeles County Superior Court – West District

MOTOR VEHICLE:

Breach of Contract

ATTORNEYS:

Plaintiff, James Miller, Successor in Interest to Brandon H. Miller

Lee Harwell, Jr., Esq. (Law Offices of Lee Harwell, Jr., Torrance, CA)

Defendant, Honda of Santa Monica

Elizabeth L. Kolar, Esq. (Kolar & Associates, Santa Ana)

FACTS:

Brandon H. Miller purchased a vehicle from Honda of Santa Monica on April 24, 2004.  Approximately ten months after purchasing the vehicle, Brandon Miller died.  Plaintiff, James Miller is Brandon Miller’s father and successor in interest.

Plaintiff claimed that Brandon Miller agreed to purchase credit, life and credit disability insurance in connection with the vehicle purchase. However, the contract which was attached by Plaintiff to the Complaint, clearly contradicted the allegation.

DEMURRER:

Defendant Honda of Santa Monica filed a Demurrer to the Complaint because the Retail Installment Sales Contract, which was attached to and incorporated into the Complaint by reference, contradicted the allegations contained in the Complaint. The Court sustained the Demurrer without leave to amend and a judgment was entered in favor of Defendant Honda of Santa Monica.

Alejandre v. Ford of Dublin (C05-01882)

Hon. D. Flinn, Contra Costa County Superior Court

MOTOR VEHICLE:

Wrongful Death

ATTORNEYS:

Plaintiffs, Catalina Alejandre, et al. – Casey Kaufman (THE BRANDI LAW FIRM)

Defendant Ford of Dublin- Jeanne L. Tollison, Esq. (KOLAR & ASSOCIATES)

FACTS:

On September 10, 2004, at approximately 6:45 a.m., Defendant Kevin Michael Lujan was driving southbound on Vasco Road in Contra Costa County. When Defendant Lujan’s vehicle crossed the double yellow line into the northbound direction, it collided head on with a 1996 Ford F150 truck driven by Decedent, Ignacio AlejandreIgnacio Alejandre, the driver of the 1996 Ford F150, and three other passengers in that vehicle were killed during this collision. There was only one air bag in the 1996 Ford F150, which was on the driver’s side, which did not deploy during the accident. The CHP inspected the vehicle and found the airbag wires had been disconnected and the airbag indictor light had been removed.

Over two and a half years prior to the accident, Valleycrest, the owner of the vehicle and Ignacio Alejandre’s employer had taken the 1996 Ford F150 to Ford of Dublin because the airbag light was flashing. The subject vehicle was inspected by a factory trained mechanic employed by Ford of Dublin who found the airbag module had been corroded and needed to be replaced. Valleycrest declined the recommended repair and Ford of Dublin reassembled the vehicle back to the original condition it was in when first brought into the dealership.

SUMMARY JUDGMENT:

Defendant Ford of Dublin filed a Motion for Summary Judgment. The Court found that there were no triable issues of fact as to Plaintiff’s Causes of Action against Defendant Ford of Dublin. Ford of Dublin provided undisputed evidence that Valleycrest declined the recommended repaired, that it reassembled the airbag system without change, and that it did not disconnect the warning light. Judgment was entered in favor of Ford of Dublin.