Facts

The plaintiff purchased a 1994 Mitsubishi 3000 GT from the defendant on Aug. 31, 2004. The defendant represented that the vehicle had passed a smog test and charged the plaintiff for a smog test and certificate. About three weeks after the sale, the vehicle's engine blew-up. The plaintiff learned that the vehicle had previously been designated as a gross polluter and sought to rescind the sale. The defendant claimed that the sale was "As-Is" and refused to rescind the sale. The plaintiff brought causes of action for violation of the Consumer Legal Remedies Act and fraud.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the defendant failed to disclose that the vehicle had been designated as a gross polluter and did not pass a pre-sale smog test.

DEFENDANT'S CONTENTIONS:
The defendant claimed that he disclosed the vehicle's history as a gross polluter and that the vehicle did pass the pre-sale smog test.

Settlement Discussions

On May 25, 2005, Judge David G. Brown conducted a mandatory settlement conference. At the settlement conference, the plaintiff demanded $7,000 plus reasonable attorney fees as determined by the court. After the settlement conference, the defendant offered $7,000 but would not agree to pay attorney fees.

Result

Total judgment of $316,120 ($10,150 economic; $25,000 non-economic; $175,000 punitive; $3,174 costs; $1,640 prejudgment interest; $101,156 attorney fees; rescission of contract.

Deliberation

one hour (phase I), two hours (phase II)

Poll

12-0 (phase I), 12-0 (phase II)

Length

four days