Gutierrez v. PCH Roulette, dba Courtesy Mitsubishi, et al.
Published: Jan. 19, 2002 | Result Date: Dec. 12, 2001 | Filing Date: Jan. 1, 1900 |Case number: 134555 Verdict – $21,740
Judge
Court
Santa Cruz Superior
Attorneys
Plaintiff
Defendant
Facts
On Nov. 14, 1996, the plaintiffs, both Hispanic, went to the defendantÆs place of business to buy a car. It was
their intention to buy a vehicle for around $17,000. The dealer persuaded them to enter, instead, into a lease on
a vehicle worth $36,000. The plaintiffs spoke only in Spanish with a Hispanic salesperson. Six hours later, at
midnight, the plaintiffs were presented with the lease documents for their signature. The documentation was
only in English.
Several months later, the plaintiffs returned to the dealership to discuss the vehicle and,
one of the salespeople purported to take over the lease for himself. The salesperson failed to
make the payments and the lender repossessed the vehicle and instituted collection proceedings
against the plaintiffs.
Other Information
The jury found for the plaintiffs on all counts as well as making a special finding that the dealer had acted with malice, oppression and fraud. In a separate bench hearing, the court granted the plaintiffsÆ request for an injunction against the dealer, pursuant to Business & Professions Code Section 17200. The court ordered the dealer to provide translated copies of all financing forms used in sale and lease transactions; provide pictures of Spanish speaking language signs posted and provide training materials, which address dealing with Spanish speaking consumers.
Deliberation
four days
Length
2.5 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390