This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Construction Law
Fraud
Malice

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

Richard J. McAdams

Court

Santa Cruz Superior


Attorneys

Plaintiff

Sharon Kinsey


Defendant

Michael T. Morrissey


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


#106722

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390