Manahan v. Hayward Dodge, et al. (CGC-03-426028)

Hon. Peter J. Busch-San Francisco County Superior Court

CONSUMER LAW

Violation of Automobile Sales Finance Act

Violation of Business and Professions Code §17200

Fraud/Deceit

ATTORNEYS

Plaintiff, Alessandro Manahan: George D. Berglund, Esq.

Defendants, AutoNation, Hayward Dodge and Triad Financial: Elizabeth L. Kolar, Esq. (Kolar & Associates)

FACTS

Plaintiff purchased a used 2001 Hyundai X6300 from Defendant, Hayward Dodge in July of 2002.  The vehicle was financed through Triad Financial.  Mr. Manahan alleged that Defendants made misrepresentations to him during the sales transaction such as the dealership telling him that he was buying a new 2002 car when, in fact, he was purchasing a used 2001 car, failing to separately itemize the insurance binder, failing to disclose alleged prior accident damage and failing to give him a rebate.  Mr. Manahan sought to rescind the contract.

PRIOR SETTLEMENT DEMANDS

Defendants offered Plaintiff $2,500.

DEFENSE VERDICT

Jury found for Defendants on all causes of action.  The Trial Court found that Mr. Manahan was not entitled to any relief.  As the prevailing parties, Defendants were awarded $178,427.64 in attorney’s fees and costs.