Hernandez v. Mercedes-Benz South Bay (BC374359)

Hon. Ralph Dau, Los Angeles County Superior Court


Consumer Fraud

Breach of Implied Warranties pursuant to Song-Beverly Consumer Warranty Act

Magnuson-Moss Consumer Warranty Act


Plaintiff, Elizabeth Hernandez

Robert Wiener, Esq. (Brennan, Wiener & Associates)

Defendant, Mercedes-Benz South Bay

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

Defendant, Mercedes-Benz USA

Ron Frank, Esq. (Burke Williams, Los Angeles)


Plaintiff Elizabeth Hernandez purchased a used 1999Mercedes-Benz CLK320 from Mercedes-Benz South Bay on May 29, 2004. The vehicle was sold to Plaintiff as a “Starmark” certified pre-owned vehicle. Plaintiff claims the vehicle was sold to her with frame damage and mechanical defects. She further alleged that since the vehicle was a “Starmark” certified pre-owned vehicle, this meant that the car had not been in any prior accidents.  She felt that the dealership should have disclosed all prior accidents, prior owners, and damage to vehicle. Defendant Mercedes-Benz South Bay and Mercedes-Benz USA denied liability.


Plaintiff requested rescission of the contract ($52,000) and consequential damages of over $15,000. Her attorneys requested attorneys’ fees of over $75,000.


The jury reached a defense verdict in favor of Defendants, Mercedes-Benz South Bay and Mercedes-Benz USA. Defendants also obtained a judgment against Plaintiff in the amount of $19,500 following their defense verdict.