Facts

Felipe Torres went to Heritage Ford dealership with the intent to purchase a heavy-duty pick-up truck, one that could carry heavy loads of granite.

Torres negotiated in Spanish with a salesperson that spoke the same language and worked out a deal for a used Ford truck. He purchased the vehicle for nearly $26,000, which came with an optional service contract.

Over the course of three months, Torres repeatedly returned the vehicle to the dealership for transmission problems. Each time, however, the mechanics failed to find any problem with the transmission.

Torres sued Heritage Ford Inc., claiming that he was not provided with a Spanish copy of the Retail Installment Sales Contract or the Optional Service Contract. He also alleged that the company sold him a defective truck, a violation of the Consumer Legal Remedies Act and fraud. Ford Motor Credit Co. was also named a defendant.

PLAINTIFF'S CONTENTION: Plaintiff contended that the transmission was not the original, but was in fact a rebuilt thereby constituting misrepresentation on the part of defendant Heritage Ford.

DEFENDANT'S CONTENTIONS:
Defendant contended that the truck's transmission operated normally and that it had provided Plaintiff with a Spanish version of the sales contract. However, it also admitted that Plaintiff was not provided Spanish translation of the optional service contract.

Damages

Torres sought recovery of the amount he paid to the dealership for the truck. He also sought attorney's fees, civil penalties, and punitive damages in excess of $200,000.

Result

The jury found Ford Motor not liable for any claims against it. It also found in favor of the defendants with regard to the alleged violation of the Consumer Legal Remedies Act, fraud, and violation of the Civil Code as to the Retail Installment Sales Contract. However, the jury found Heritage Ford liable for not providing Torres with a Spanish translation of the optional service contract. It then awarded Torres $2,465 in damages.

Deliberation

one hour

Poll

12-0

Length

six days