Hon. William Monroe, Orange County Superior Court
Failure to Disclose
Song-Beverly Consumer Warranty Act
Magnuson-Moss Consumer Warranty Act
Plaintiff, August B. Doppes
Jeffrey S. Benice, Esq. (The Law Office of Jeffrey S. Benice, Costa Mesa)
Defendants, Bentley Motors, Inc.
Jonathon H. Kaplan, Esq. (Kaplan Lee LLP, Los Angeles)
Defendants, Newport Auto Center
Elizabeth L. Kolar, Esq. (Kolar & Associates, Santa Ana)
FACTS & CONTENTIONS:
The Plaintiff, Mr. Doppes, purchased a new Bentley Arnage at a cost of approximately $200,000. The plaintiff’s complaint was that the car emitted a “foul mechanical wax oil smell.” He sued Bentley Motors and Newport Auto Center under the Song-Beverly Consumer Warranty Act and Magnuson-Moss Consumer Warranty Act. In addition, the Plaintiff sued Newport Auto Center for failure to disclose pre-sale damage. Defendants denied any non-conformity with the vehicle. Newport Auto Center further alleged that the pre-sale did not need to be disclosed because it did not meet the threshold requirement under Vehicle Code §9990.
The Plaintiff sought rescission and Bentley Motors, Inc. refused. The Plaintiff sought further damages from Newport Auto Center for the alleged non-disclosure. Newport Auto Center refused contending that the pre-sale damage did not meet the threshold for disclosure and, further, that the vehicle had been repaired satisfactorily.
Plaintiff demanded rescission. Bentley Motors, Inc. offered a nominal sum pre-trial. Newport Auto Center offered a nominal sum pre-trial.
The jury found Mr. Doppes was entitled to rescission against Bentley Motors, Inc. only. The jury found in favor of Newport Auto Center on all causes of action and further granted Newport Auto Center its costs of suit.