Roberts v. Roseville BMW (S CV 22351)

Hon. Charles D. Wachob, Placer County Superior Court

IDENTITY THEFT

ATTORNEYS:

Plaintiff, Michael Roberts and Melissa Roberts

Randall Harr, Esq. (Gifford & Harr, McArthur, CA)

Defendants, Vanderbeek Motors, Inc. dba Roseville BMW

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

FACTS & CONTENTIONS:

Plaintiffs alleged that their identity was stolen which resulted in economic damages including, but not limited to, loss of their home and business. Defendants denied that their conduct caused and/or contributed to the Plaintiffs damages. Instead, the Plaintiffs damages were caused by their inability to get credit because of their pre-existing bad credit and the down turn in the economy.

Plaintiffs filed a complaint against Roseville BMW for the following: Negligence, Fiduciary Misconduct, Premises Liability, Breach of Bailor Duties, Conversion, Negligence Infliction of Emotional Distress, Breach of Fiduciary Duty, Appropriation of Name, and Statutory Violation of California Civil Code Sections 1798 et seq. Defendants, Roseville BMW denied these allegations.

DEMANDS/OFFER:

Plaintiffs demanded $999,999.00.  Roseville BMW offered $15,000.

OUTCOME:

Judgment was rendered in favor of Roseville BMW with costs in the amount of $34,500 in favor of Roseville BMW.