Frederic Madrid v. Sports Auto Sales Inc. dba Angelo's Kars, dba Del Mar Imports
Published: Jul. 13, 2013 | Result Date: Apr. 15, 2013 | Filing Date: Jan. 1, 1900 |Case number: 37-2011-00059469-CU-FR-NC Verdict – $541,446
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
Defendant Sports Auto Sales Inc. sold plaintiff Fred Madrid a used Dodge Ram pick up truck for $4,999. Plaintiff asserted causes of action for violation of the California Consumer Legal Remedies Act and fraud by concealment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the dealership failed to transfer title to the truck into plaintiff's name after the sale, obtained a fraudulent smog test in order to illegally register the vehicle, and concealed important facts about the vehicle's title and smog certification.
DEFENDANT'S CONTENTIONS:
Defendant claimed that it legally transferred ownership to plaintiff and was not involved in any fraudulent activity.
Settlement Discussions
Plaintiff demanded $30,000 pre-lawsuit raised to $100,000 plus fees on the first day of trial. Defendant made a CCP 998 offer of $10,000 inclusive of attorney fees and costs.
Result
Plaintiff's verdict for $541,446 ($20,000 economic damages; $30,000 non-economic damages; $250,000 punitive damages; $9,040 costs; $232,406 attorney fees).
Other Information
Defendant's Judgment Notwithstanding the Verdict and Motion for New Trial were denied. Plaintiff's Motion for Attorney Fees was granted. MEDIATOR: Doug Barker, Esq.
Poll
12-0 (liability), 11-1 (damages)
Length
four days
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