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Breach of Contract
Automobile Purchase
Song-Beverly Act

Hector Martinez v. American Isuzu Motors, Inc.

Published: Jan. 29, 1994 | Result Date: Jan. 19, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 685044 –  $0

Judge

Floyd Schenk

Court

Orange Superior


Attorneys

Plaintiff

David J. Farrell


Defendant

Michael A. Shimokaji


Experts

Plaintiff

Daniel Calef
(technical)

Defendant

Patrick Reynolds
(technical)

Facts

On September 18, 1989, Plaintiff Hector Martinez purchased, from South County Motors, a 1989 Isuzu Trooper manufactured by Defendant American Isuzu Motors, Inc. Plaintiff first took his vehicle in for repair to a dealership in May of 1989, when the vehicle had 5,630 miles on it. Plaintiff was complaining of excessive engine vibration at the time. Plaintiff subsequently returned the vehicle to dealerships to repair the alleged excessive vibration. Plaintiff continued to use the vehicle until the present; the vehicle now has 40,000 miles on the odometer.

Settlement Discussions

Defendant contends they made no offers and Plaintiff demanded the exchange of the 1989 Trooper for a new Trooper, plus attorney's fees.

Damages

The purchase price of the vehicle, civil penalty, and attorney fees.

Other Information

A prior arbitration by Timothy J. Salyer resulted in a Plaintiff's award of $18,665 in exchange for the vehicle; trial de novo by Defendant.

Deliberation

2.5 hours

Poll

11-1

Length

4.5 days


#77637

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