Facts

In June 2003, plaintiff Jason Kelly bought a used, 1996 Infiniti J-30 from defendant Millennium Motors. The vehicle had 61,400 miles on it. Plaintiff also purchased a service agreement that provided for certain repairs for a period of 36 months or 48,000 miles, whichever came first. The price of the service agreement was $1,700.

Shortly after the sale, plaintiff experienced mechanical problems with the car, including the check-engine light and the lighting and electrical system. Plaintiff brought the car to the dealership after one month, and again after two months, after purchase. For the next two years, plaintiff continually took the car to the dealership because the check-engine light kept coming on. In 2005, the car failed a smog test. A mechanic also informed plaintiff that the car's gas cap was not on tight enough.

When the car later failed to start, plaintiff attempted to use defendant's service agreement to have the car towed. However, defendant informed him that the agreement did not include towing services. The service agreement company then told plaintiff that it had no record of him purchasing the agreement. The defendant and its owners later admitted that they had failed to pay the service agreement company. The defendant refused to refund plaintiff his money and take back the car.

The plaintiff filed suit, claiming violations of the Consumers Legal Remedies and the Song-Beverly Consumer Warranty Acts.

Result

The plaintiff recovered $13,875 against owners of Millennium Motors George Antar and Bruce T. Bergen individually. The award included $12,731 for the purchase price and $1,144 for finance charges. The court also awarded feeds of $32,275.75 and costs of $3,148.