Lucia Lodge v. Ford Motor Co., Gorno Ford Inc., Mustang Motorsports
Published: Dec. 2, 2003 | Result Date: Aug. 27, 2003 | Filing Date: Jan. 1, 1900 |Case number: M40430 Verdict – $0
Facts
Plaintiff Lucia Lodge contacted defendant Mustang Motorsport, which referred it to defendant Gorno Ford to purchase two new Mustang Cobra hardtop convertibles to be modified. The plaintiff ordered the Mustangs through Gorno Ford and directed that they be delivered to Mustang Motorsport for modification. The total price for each car, including the modifications, was about $83,000. The plaintiff paid about $120,000 for both cars. Delivery was never made to the plaintiff. The cars were later found stripped and abandoned. The plaintiff sued defendants Ford Motor Co., Gorno Ford and Mustang Motorsport. The plaintiff asserted breach of contract, restitution and recession, conversion, unjust enrichment, intentional and negligent misrepresentation, violation of the consumer legal remedies act and imposition of a constructive trust.
Settlement Discussions
The plaintiff demanded $200,000. Gorno Ford made a C.C.P. Section 998 offer of $10,000.
Damages
The plaintiff sought to recover its $120,000 in payments on the two cars.
Result
The case went to the jury on the breach of contract and conversion claims. After returning a verdict in favor of defendants, the remaining claims for unjust enrichment, rescission and constructive trust were tried by the court. The court also issued a ruling in favor of defendants.
Deliberation
three hours
Length
four days
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