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Contracts
Fraud
Consumer Protection

Kayle Howard v. Leehan Inc.

Published: Nov. 17, 2012 | Result Date: Mar. 13, 2012 | Filing Date: Jan. 1, 1900 |

Case number: HG10543163 Bench Verdict –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

Louis A. Liberty


Defendant

Timothy J. McCaffery

Leora R. Ragones
(Lombardi Loper & Conant)


Facts

On Dec. 1, 2007, Kayle Howard purchased a used car from Leehan Inc. dba Hanlees Hilltop Nissan. Leehan indicated on the contract that Howard made a $2,000 cash down payment, but entered into a hold check agreement with Howard agreeing that the $2,000 would not be paid until Dec. 16. Howard also claimed that Leehan represented that she could not obtain financing unless she purchased a theft determent device, without telling Howard that such a device was already installed in the vehicle she purchase. Leehan charged Howard $895 for the device. The car was later sold at auction and Leehan reimbursed Howard $212 from the sale. Howard sued Leehan for breach of contract, fraudulent misrepresentation, violation of Consumer Remedies Act, violation of Rees-Levering Motor Vehicle Sales and Finance Act, and violations of the California Business and Professions Code.

Result

A bench trial resulted in a judgment in Leehan's favor.


#111659

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