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Construction Law
Fraud
Consumer Warranty

Estevan Diaz v. Rap Group Inc., Bug World

Published: Nov. 5, 2002 | Result Date: May 10, 2002 | Filing Date: Jan. 1, 1900 |

Case number: 223294 Verdict –  $0

Judge

Knoel L. Owen

Court

Sonoma Superior


Attorneys

Plaintiff

Donald F. Seth


Defendant

Kevin M. Maguire


Experts

Plaintiff

Jack Trione
(technical)

Defendant

Steve Morgan
(technical)

Maureen Petrillo
(technical)

Facts

The plaintiff, a 35-year-old male, purchased a 1992 BMW 525 from the defendant auto dealer. After acquiring
the automobile, the plaintiff observed that the contract price was different from the price that the parties had
agreed upon. The plaintiff also claimed that the defendant had misrepresented the condition of the automobile.
The plaintiff sued the defendant, and its parent, alleging fraud and violation of the Consumer Protection Act.

Settlement Discussions

The plaintiff submitted a demand of $16,000; the defendant did not tender an offer.

Damages

The plaintiff sought reimbursement for the full purchase price ($16,995) plus the interest on the loan that he had arranged to cover the purchase of the car.


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