Gregory Collins and Julie Collins v. Import Motors, et al.
Published: May 7, 2011 | Result Date: Dec. 29, 2010 | Filing Date: Jan. 1, 1900 |Case number: CIVMSC09-00042 Bench Decision – Defense
Facts
This dispute arose over the sale of a used BMW car. Gregory and Julie Collins sued the auto dealer, Import Motors Inc., for violations of the Automobile Sales Finance Act (AFSA) and Consumer Legal Remedies Act (CLRA) for charging a California new tire recycling fee on used tires that had been on the vehicle at the time of sale. Defendant claimed that the Collins' claims was rendered moot by the dealer's refund of the tire fee overcharge. Import Motors also alleged that the overcharge did not violate any consumer protection statutes.
Damages
Plaintiffs sought restitution, injunctive relief, and attorney fees and costs.
Result
A four-day bench trial resulted in a judgment for defendant. Following the decision, plaintiffs were going to file an appeal. Defendants agreed to a settlement with each party to bear its own costs and attorney fees. Defense walked away from some $125,000 in fees.
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