Georgina Jimenez v. Mansour Nooropour dba Noori's Auto Sales
Published: Sep. 10, 2002 | Result Date: Jul. 18, 2001 | Filing Date: Jan. 1, 1900 |Case number: H2142926 Verdict – $30,595
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Robert Malpede
(technical)
Facts
On July 10, 1999, the plaintiff contracted to buy a 1995 BMW 325 IV from the defendant. As a
part of the transaction, the defendant represented that the vehicle was in good condition and had
the balance left of a manufacturer's warranty. The plaintiff relied on these representations when
she purchased the car. The plaintiff had work done on the car and then discovered that it had
been wrecked.
Settlement Discussions
The defendant offered to buy back the car for its present market value. The plaintiff demanded rescission, reimbursement and attorney fees.
Damages
The plaintiff claimed damages of restitution of the vehicle and an unspecified amount for out-of-pocket expenses.
Result
The jury found in favor of the defendant on all fraud and misrepresentation causes of action. The jury awarded the plaintiff $30,595 and the vehicle was rescinded to the defendant. The plaintiff's motion for costs of $60,789 was granted. A permanent injunction was issued providing that the defendant must implement written policies and procedures and cease business or comply with the law by (a) having a properly completed buyer's guide sticker on every vehicle and (b) conducting a safety inspection on every vehicle with corresponding documentation to be retained for a period of three years.
Other Information
The defendant, appearing in pro per, made motions for a new trial and JNOV. Bother were denied. The defendant filed an appeal but failed to pursue it.
Deliberation
six hours
Length
eight days
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