Mark Revetta v. Mercedes-Benz USA LLC, Mercedes-Benz of San Diego
Published: Jan. 4, 2005 | Result Date: Mar. 11, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIC806238 Verdict – $26,321
Judge
Court
San Diego Superior
Attorneys
Plaintiff
James P. Miller Jr.
(Law Offices of JP Miller Jr.)
Defendant
Experts
Plaintiff
Daniel Calef
(technical)
Defendant
Hermann Stehling
(technical)
Facts
Mark Revetta, a 32-year-old real estate agent/broker, leased a Mercedes-Benz E 320 from Mercedes-Benz of San Diego, an auto dealership. The vehicle had multiple malfunctions and nonconformities, including fog light operation, window operation and other light malfunctions. The plaintiff documented 17 repair attempts. Revetta sued Mercedes-Benz USA LLC and Mercedes-Benz of San Diego for relief under the Lemon Law. The dealership claimed that the malfunctions were minor or trivial and that Revetta's claim did not fall under the protection of the Song-Beverly Act.
Settlement Discussions
Mercedes-Benz USA offered $17,000 the morning of trial. The plaintiff offered to settle for $40,000, inclusive of costs and fees.
Damages
Approximately $130,000 for all money spent to date in lease payments, finance charges, taxes, license fees, civil penalties, attorney fees and costs.
Other Information
Dan Calef, an automotive repair consultant, testified that the window and door frame had a mechanical rather than electrical defect so that the replacement of electrical components failed to fix the malfunction. Defense expert Hermann Stehling, a technical specialist, discovered some binding in the window, but dismissed the problem as minor.
Deliberation
three hours
Poll
mixed
Length
two weeks
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