Confidential
Settlement – $8,339Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
William N. Elder Jr.
(Foell & Elder)
William N. Elder Jr.
(Foell & Elder)
Facts
On Nov. 2, 1995, the plaintiff purchased a 1989 Ford Tempo from the defendant dealership. The odometer at the time of sale read approximately 31,500 miles. The defendants, the dealership, salesman, and the owner of the dealership, filed an odometer disclosure statement with the D.M.V. stating the odometer indicated 46,000 miles at the time of sale. The odometer disclosure statement indicated "not actual mileage." The sales contract provided that the sale was "as is - - no warranty." The plaintiff contended that when he visited the defendant dealership, he told the defendant salesman that he wanted to purchase a vehicle with less than 50,000 miles. The defendant showed him the 1989 Ford Tempo. The plaintiff inquired why the odometer reading was so low, only approximately 31,500 miles, and was told the defendant dealership had made some repairs which resulted in an odometer adjustment and the true mileage was approximately 46,000 miles. He was allegedly told they would use 46,000 in all of the paperwork, although they would indicate "not acutal mileage" since 46,000 was only an approximation. Approximately two months later, the vehicle broke down. Two mechanics stated a new engine was required. Per the plaintiff, the D.M.V. history of the vehicle and conversations with its prior owners indicated the odometer had turned over at least once and maybe twice. The defendant dealership and the defendant owner of the dealership claimed that they were protected by the "not actual mileage" and "as is - no warranty" provisions. The defendant that financed the sale contended it was not aware of any of the above facts; and claimed it was assured by the defendant dealership and the dealership's owner that the matter would be resolve between the seller and the buyer. The plaintiff brought this action against the defendants based on rescission, permanent injunction and fraud and deceit theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Damages
The plaintiff claimed $ ______ in damages.
Other Information
The settlement was reached approximately _____ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19___ before __________ (name) of ________ (affiliation or court) resulting in ____________.
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