Guadalupe Ramirez v. Valley Kia, Rusich Brothers Enterprises Inc., Wells Fargo Bank N.A., LBS Financial Credit Union and Wells Fargo Dealerservices
Published: May 23, 2015 | Result Date: Dec. 9, 2014 | Filing Date: Jan. 1, 1900 |Case number: CIVDS1309561 Verdict – $60,500
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Kevin B. Bevins
(Hartsuyker, Stratman & Williams-Abrego)
Facts
Guadalupe Ramirez sued Valley Kia, Rusich Brothers Enterprises Inc., Wells Fargo Bank N.A., LBS Financial Credit Union and Wells Fargo Dealer Services relating to the purchase of two used vehicles.
Wells Fargo Bank N.A., LBS Financial Credit Union and Wells Fargo Dealer Services settled with Ramirez prior to trial, agreeing to cancel the contract and refund her $4,532 in payments. Trial proceeded against Rusich Brothers Enterprises.
Contentions
PLAINTIFF'S CONTENTIONS:
Guadalupe Ramirez purchased two used vehicles from Valley Kia. She alleged that the dealership falsified her income on the credit applications and included other misrepresentations. She also claimed they failed to provide her with a copy of her credit applications. She sued Rusich Brothers Enterprises, the operator of Valley Kia and the financial institutions involved in the transaction, Wells Fargo Bank N.A., LBS Financial Credit Union, and Wells Fargo Dealer Services, for violation of California's Rosenthal Fair Debt Collection Practices Act.
DEFENDANT'S CONTENTIONS:
Rusich Brothers Enterprises contended that they did not falsify the applications.
Settlement Discussions
Plaintiff never made a demand. Defense offered $10,000.
Result
The jury awarded Ramirez $2,500 in non-economic damages and $58,000 in punitive damages, for a total award of $60,500.
Other Information
Post-trial, the punitive damages were reduced to $8,400. Plaintiff is appealing the court's rulings on post-trial motions.
Deliberation
three days
Length
six days
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