Pell v. Power Ford Huntington Beach (07CC07598)

Hon. Peter Poulos -Orange County Superior Court, Central Justice Center

MOTOR VEHICLE:

Fraud

Violation of California Vehicle Code

Violation of Consumer Legal Remedies Act

Intentional Infliction of Emotional Distress

Unfair Competition

False Advertising

Declaratory Relief

ATTORNEYS:

Plaintiff, Charles Edward Pell- Allen Patatanyan, Esq. (YARIAN & PATATANYAN, Glendale)

Defendant, Power Ford Huntington Beach- Elizabeth L. Kolar, Esq. (KOLAR & ASSOCIATES)

FACTS:

On July 5, 2004, Mr. Pell went to the dealership to purchase a Ford F-150 truck he had seen in a newspaper advertisement showing the vehicle’s price as $21,777 after a dealership discount and factory rebate.  Plaintiff had a disagreement with dealership over a claimed Ford Motor Company financing rebate and military discount.  The dealership applied the $750.00 military discount but there were no other rebates or discounts available.  Defendant refused to buy the car because the dealership would not give him any additional rebates and then sued for the difference in the price of that vehicle and a subsequently purchased on.  He also sought emotional distress and punitive damages.

SETTLEMENT OFFERS/DEMANDS:

Plaintiff offered to settle the matter for $15,000 pre-trial.  Defendant’s highest offer prior to trial was $5,000.

 

JURY TRIAL:

Defense verdict in 22 minutes.  Defendants were awarded and collected costs in the amount of $2,483.74.