Hon. Stanley M. Weisberg, Los Angeles County Superior Court, Van Nuys
Fraud/Song-Beverly Warranty Act
Plaintiff, Ted Finamore-Rene Korper (Norman Taylor & Associates, Glendale)
Defendant, Galpin Motors- Elizabeth L. Kolar (Kolar & Associates, Santa Ana);
Defendant, Ford Motor Co.-Bob McPhail (Bowman & Brooke, Gardena)
FACTS & CONTENTIONS:
The Plaintiff, Ted Finamore purchased a new Mercury Marauder from Galpin Lincoln Mercury and filed suit under the Consumers Legal Remedies Act and the Song-Beverly Warranty Act. He alleged that the vehicle he purchased had sustained material body and frame damage prior to being sold to him and that the vehicle had non-conformities. In fact, the vehicle’s door had the left front door repainted but was well within the statutory safe harbor of 3% or $500 of the MSRP whichever is greater. He also alleged that the vehicle suffered from various non-conformities which the defendants denied.
Plaintiff claimed $65,000 in damages for rescission plus attorney’s fees.
The Plaintiff demanded $65,000 including rescission and attorney’s fees. The defense offered $2,500 including attorney’s fees.
Jury Trial lasted 7 days ending in a 12-0 defense verdict for Defendant, Galpin on the CLRA claim and 9-3 defense verdict on the Song-Beverly Warranty Act claims as to Galpin and Ford Motor Company.