Hon. James J. Di Cesare, Orange County Superior Court

MOTOR VEHICLE:

Consumer Fraud

ATTORNEYS:

Plaintiff, Hannah Olson

John B. Dumbeck, Esq. (Dumbeck & Dumbeck, Vista, CA)

Defendants, Irvine Imports, Inc. dba Power Toyota Irvine, Brian Cole, Dino Gulo and Toyota Motor Credit Corporation

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

FACTS & CONTENTIONS:

Twenty year old Hannah Olson purchased a 2004 Toyota Tacoma truck and later had a change of heart.  At the time of purchase, she added on various aftermarket products including a service contract, a maintenance agreement, a gap contract and an alarm system. All of these items were properly identified in the contract and Hannah Olson initialed and signed all supporting addendums but she nonetheless alleged she did not understand that she had purchased them. Plaintiff sued the dealership for fraud contending that the Finance Manager failed to explain the aftermarket products to her and that there was a separate charge for them. Power Toyota Irvine denied Plaintiff’s allegations.

DEMANDS/OFFER:

Plaintiff’s demand was full rescission of contract and attorneys fees and costs. Defendants offered $500.

OUTCOME:

Defense verdict for Power Toyota Irvine. Power Toyota Irvine was also awarded costs of $5,000.00 against Plaintiff.