Facts

Plaintiff Catherine Morrissey purchased a 1967 Pontiac Firebird from defendant Chequered Flag International, a used classic car dealer in Marina del Rey.

PLAINTIFF CONTENTIONS:
The plaintiff contended that the dealer represented that the vehicle had a 400 cubic inch engine, a manual convertible top, and was in safe driving condition. The plaintiff alleged that the vehicle later was determined to have a 350 cubic inch engine, a non-functional electric convertible top, and unsafe brakes.

DEFENDANT CONTENTIONS:
The defendant contended that the dealer never made any representations of any kind concerning the vehicle. The vehicle was sold "as is" and "subject to buyer's pre-purchase inspection." The defendant claimed that no finding was ever made as to the engine size and that no misrepresentation was ever identified by the arbitrator.

Settlement Discussions

On Aug. 6, 2004, the plaintiff demanded $32,001, including attorneys fees and costs of $10,300. According to the plaintiff, the defendant did not make an offer. According to the defendant, it offered $5,000 or the cost of a new engine.

Damages

The plaintiff claimed $25,706 for the repurchase of the vehicle and for incidental damages for repairs. She also sought punitive damages.

Result

In an arbitration with the Hon. Raymond Cardenas (Ret.) of Judicate West, the plaintiff was awarded the rescission of the sale at $22,356.27 and attorneys fees and costs of $45,988.60.

Other Information

Per defense counsel, the defendant will appeal the judgment.