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CONFIDENTIAL

Nov. 11, 2000

Torts
Fraud
Non-Disclosure

Confidential

Settlement –  $190,000

Judge

James McGuire

Court

San Bernardino Superior


Attorneys

Plaintiff

Robert F. Brennan
(Law Offices of Robert F. Brennan APC)


Defendant

Michael M. Baranov
(Baranov & Wittenberg LLP)

Peter C. Smoot

Charles Edwards

Matthew M. Proudfoot


Facts

On Feb. 26, 1997, the plaintiff purchased a used 1995 car from defendant dealer for $22,840. She also purchased
an extended warranty for the vehicle. The plaintiff claimed the sales personnel represented to her that the car
was a lease return vehicle, had not been used as a rental car and had not been bought at an auction. The
plaintiff drove the car for several months and noted several recurring mechanical and body problems with the
vehicle.
In the fall of 1996, the plaintiff was advised that the vehicle had frontal collision damage, which was not
disclosed to her when she purchased the vehicle. The plaintiff allegedly tried to get the dealership to refund her
purchase price in exchange for returning the vehicle, but the dealership would never commit to refunding the
full purchase price.
Subsequent investigation revealed that the car had been a rental car and sustained collision damage in
November 1995.

Other Information

<M>The case settled during the course of a three-session mediation with Andrew Patterson of IVAMS.</M>


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