Any Car Specialists v. Worldwide Environmental Product
Published: Jul. 3, 1999 | Result Date: Apr. 12, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC189638 Verdict – $51,872
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Thomas A. Pistone
(Pistone Law Group LLP)
Facts
The plaintiff, Any Car Specialists, is licensed by the State of California to perform automotive repairs. In connection with general repair work a large part of the plaintiff's business has been providing State required smog checks, and performing the associated repairs required when a vehicle does not pass the smog check and requires corrective work. In December, 1997, the plaintiff ordered smog check equipment manufactured by the defendant, Worldwide Environmental Products through its sales agent, defendant, Equipment Depot. On January 15, 1997, the defendant manufacturer delivered and installed the equipment, and demanded payment in full from the plaintiff. The plaintiff paid the defendant manufacturer $36,696.75, representing the full amount of the purchase price of the equipment. From the time the equipment was delivered and installed by the defendant manufacturer it failed to properly operate. According to the defendant, the plaintiff contended that it could not be operated because the state had not yet certified it. Throughout January, February and March, 1998, the plaintiff repeatedly requested, and then demanded that the defendant manufacturer remedy the problem, which it failed to do. The plaintiff brought this action against the defendants based on recission, breach of warranty, and negligence theories of recovery.
Settlement Discussions
According to the defendant, rescission and return of the purchase price was offered. The plaintiff wanted an additional $80,000 for lost business.
Damages
$33,696.75 (for the purchase price of the smog check equipment); $4,556.20 (in interest); $7,425 (loss of smog check business) and $3,195 (for loss of use of work space).
Other Information
The verdict was reached approximately one year after the case was filed.
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