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Construction Law
Song-Beverly Act
Failure to Repair

Henry Garcia and Yolanda Garcia v. Ford Motor Company

Published: Nov. 14, 1998 | Result Date: Aug. 31, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC173835 Verdict –  $0

Judge

Alban I. Niles

Alban I. Niles

Court

L.A. Superior Central


Attorneys

Plaintiff

René Korper


Defendant

Brian Takahashi
(Bowman and Brooke LLP)


Experts

Plaintiff

James McNab
(technical)

Defendant

Eric Gillanders
(technical)

Facts

On July 16, 1996, plaintiffs, husband and wife, purchased a new 1996 Ford Aerostar van from Don Kott Ford. One week later, they returned because the front brake backing plates were loose. Over the next four months, plaintiffs returned with complaints about tire rubbing and intermittent cruise control operation. The plaintiffs brought this action against the defendants based on the Song-Beverly Act.

Settlement Discussions

Plaintiffs made a settlement demand for $27,000 plus keeping their vehicle. The defendant made no offers.

Damages

The plaintiffs sought civil penalties for Ford's failure to make restitution and asked for $33,148 plus attorneys fees.

Other Information

The verdict was reached approximately one year and two months after the case was filed. A settlement conference was held on June 29, 1998, before Judge Reginald Dunn without success.

Deliberation

3½ hours

Poll

10-2

Length

four days


#89663

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