Santa Clara County Superior Court case no. 1-03-CV003923

Hon. Leslie Nichols

CONSUMER LAW:

Breach of Contract

Violations of Song-Beverly Warranty Act (Lemon Law)

Unfair Competition Law

Fraud/Misrepresentation

ATTORNEYS:

Plaintiff, Linda Hays was represented by William C. Dresser

(Law Offices of William C. Dresser)

Defendant, Anderson Chevrolet was represented by Elizabeth L. Kolar, Esq.

(Kolar & Associates)

FACTS & CONTENTIONS:

On January 9, 2002, Ms. Hays met with Anderson Chevrolet’s Fleer Car Manager and ordered a 2002 Chevrolet Camaro with specific options including a 6 way power seat.  On February 19, 2002, Anderson Chevrolet had the vehicle delivered to Ms. Hays.  Upon sitting in the car, Ms. Hays noticed the vehicle did not come equipped with a driver’s power seat.  Ms. Hays also claimed there was a “rippling” in the windshield which caused a distortion making the vehicle difficult to drive.

Anderson Chevrolet replaced the windshield at no cost to Ms. Hays.  Ms. Hays claimed the replacement windshield was no better than the original and that it still had the same distortion.  The dealership refused to replace it a second time because Ms. Hays had approved the replacement windshield.  Ms. Hays claimed that the replacement windshield was still unacceptable and had a windshield installed through a glass company at a cost of approximately $500.00.

As for the power seat, Anderson Chevrolet offered Plaintiff a full refund of the purchase price of the vehicle which she refused.  Thereafter, Anderson Chevrolet offered to retrofit the seat with an after-market power seat at its cost which Ms. Hays also refused.  Lastly, Anderson Chevrolet offered Ms. Hays a replacement vehicle in a darker color with a power seat.  She also refused the latter option.

Plaintiff alleges that she has a pre-existing back condition which required her to have a power seat in her vehicle and claims that she had suffered an exacerbation of her back injury.  Anderson Chevrolet denied that Plaintiff had suffered any damages and that Ms. Hays failed to mitigate her damages.

DEMANDS/OFFERS:

Plaintiff demanded $32,000 pre-trial.  Defendant made a settlement offer of $7,000 to Linda Hays pre-trial.

OUTCOME-DEFENSE VERDICT:

Defendant’s brought a motion for non-suit which was granted as to all causes of action except breach of contract.  After a one week jury trial regarding the breach of contract issue, the jury found in favor of Anderson Chevrolet and Anderson Chevrolet was awarded its costs of over $5,000.00.