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Consumer Law
Consumers Legal Remedies Act
Consumer Fraud

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

Jason D. Dumbeck

Curtis M. King


Defendant

Rick H. Knock


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


#91597

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