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CONFIDENTIAL

Dec. 24, 2002

Construction Law
Breach of Contract
Unfair Bidding Practices

Confidential

Settlement –  $10,000

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert Sainburg


Defendant

Paul G. Szumiak

Curtis L. Isler

Anthony A. Molino
(Molino & Berardino APLC)

Alex Tarkian
(Tarkian & Associates)


Facts

The plaintiff purchased a used vehicle and service contract issued by a third party from the defendant dealership, with a $50 deductible. Subsequently, the dealership discovered that the third party offers only a miniumum $200 deductible. Without authorization from the plaintiff, the dealership, through a manager, changed the deductible, and subsequently, upon a request by the plaintiff, refused to make the correction.

Damages

The plaintiff sustained four instances of paying $150 extra in deductibles when seeking warranty work, plus emotional distress.

Result

$9,000 from the dealership and $1,000 from the third party issuer of the service contract.


#80979

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