Carmen Moreno v. Greenwood Auto Center
Published: Jun. 10, 2000 | Result Date: Sep. 15, 1999 | Filing Date: Jan. 1, 1900 |Case number: VC029238 – $128,536
Judge
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Facts
On April 4, 1997, Spanish speaking only plaintiff, Carmen Moreno, entered onto defendant, Greenwood Auto Center's lot for having the oil changed in her 1996 GMC Sierra pick-up truck purchased one year before from defendant. Instead of the oil changed, however, plaintiff traded in her purchased pick-up truck for a newer one. Defendant had plaintiff sign a lease, but provided no English translation as required by law (Civil Code Section 1632). Plaintiff surrendered possession of her 1996 GMC Sierra to defendant. When plaintiff failed to confirm credit application for the lease terms, and repudiated the lease, the new truck was repossessed by defendant. Since the day the 1997 GMC 1500 pick-up truck was repossessed, plaintiff has had no pick-up. Defendant failed to return her old truck to her, as promised in writing. Defendant made no restitution to plaintiff for the value of the 1996 GMC of which it took possession. Defendant sold and kept the proceeds from the sale of the 1996 GMC. Plaintiff demanded return of her own GMC pick-up to no avail. Further, defendant sued plaintiff in Small Claims Court in October 1997, for the 1997 year registration of the 1996 GMC due April 30, 1997, for which defendant had possession beginning April 4, 1997 and sold to a third party in June 1997.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 of $30,000. During trial, the defendant offered $25,000 to settle.
Damages
Loss of 1996 GMC Sierra pick-up and accessories valued at $4,000, attorney fees and costs. Carmen Moreno put $15,000 cash down on April 3, 1996 and made timely payments for one year and stopped making payments when vehicle was traded-in.
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