The Vachon Law Firm is pleased to announce the successful resolution of the California lemon law lawsuit Clausen, et al. v. San Clemente Auto Rental and Sales, Inc., et al. The Defendant, San Clemente Auto Rental and Sales, Inc., does business as a used car dealership in Escondido, California under the fictitious business name “Escondido Auto Super Center.” The lawsuit was filed in the San Diego County Superior Court on April 9, 2013 (Case No. 37-2013-00043091).
Allegations Against Escondido Auto Super Center
The Complaint in the Clausen v. Escondido Auto Super Center lawsuit alleges that the Escondido, California used car dealer violated California’s lemon law statute in relation to Mr. & Mrs. Clausen’s purchase of a used 2005 Toyota 4Runner. Specifically, it alleges that prior to Plaintiffs purchasing the truck, Escondido Auto Super Center promised that it would repaint the Toyota 4Runner so that it looked “like new.” The Complaint goes on to allege that when Mr. & Mrs. Clausen received the truck the paint job was so poorly done that the wind from driving on the highway would cause the paint to peel off in large strips.
The Plaintiffs allege that they notified Escondido Auto Super Center about the shoddy paint job, and that the dealer attempted to remedy the problem, but despite its attempts was unable (or unwilling) to do so.
Based on these allegations, the Complaint asserts causes of action for breach of express warranty, breach of the implied warranty of merchantability imposed by California’s lemon law statute, and violation of the Consumers Legal Remedies Act.
Click here to read a copy of the Complaint against Escondido Auto Super Center.
Please note: this case was resolved prior to the San Diego County Superior Court ruling on whether or not the Complaint’s allegations are true. Escondido Auto Super Center denied all liability and wrongdoing.
Escondido Auto Super Center Repurchased Toyota 4Runner After Receipt of Vachon Law Firm’s Demand Letter
Three weeks after the Vachon Law Firm mailed its demand letter to Escondido Auto Super Center, the dealership voluntarily repurchased Mr. & Mrs. Clausen’s Toyota 4Runner for the full purchase price, and reimbursed them for repairs and improvement they made to the truck. Escondido Auto Super Center also paid Mr. & Mrs. Clausen’s attorney’s fees and costs.
Want to Talk to an Attorney About a Car You Bought at Escondido Auto Super Center?
If you purchased a car, truck, or SUV from Escondido Auto Super Center, and want to talk to a consumer law attorney to discuss your legal rights, the Vachon Law Firm offers free consultations in California lemon law and car dealer fraud cases. We also have experience litigating against Escondido Auto Super Center.
Call us today at 1-855-4-LEMON-LAW (1-855-453-6665).