The Vachon Law Firm has filed a lawsuit against Orange Coast Chrysler Jeep Dodge Capistrano (or “Orange Coast Capistrano”) alleging that the San Juan Capistrano, California car dealership sold a frame-damaged used car to a Southern California consumer without disclosing the existence of the accident damage and while selling the car as a “certified” pre-owned automobile. The lawsuit was filed on October 4, 2013 in the Orange County Superior Court, and is titled Rodriguez v. Capo Motors, LLC, et al. (Orange County Superior Court Case No. 30-2013-00679466).
Allegations Against Orange Coast Chrysler Jeep Dodge Capistrano
In the Rodriguez v. Orange Coast Capistrano lawsuit, the Plaintiff’s Complaint alleges that he visited Orange Coast Chrysler Jeep Dodge Capistrano at its San Juan Capistrano dealership lot in August 2013. The Complaint goes on to allege that while the Plaintiff was there the Defendant showed him a used 2006 Mitsubishi Lancer. The Plaintiff further alleges that Orange Coast Capistrano told him “that the Mitsubishi Lancer was a ‘certified’ used vehicle, that it had been rigorously inspected, that its vehicle history had been checked, that it was in excellent mechanical condition, and that it had a clean history.” Indeed, the Plaintiff alleges that the car dealership’s representatives specifically and explicitly told him that the Mitsubishi Lancer had not previously sustained any frame damage.
The Plaintiff also alleges that, notwithstanding Orange Coast Chrysler Jeep Dodge Capistrano’s representations that the Mitsubishi Lancer was a “certified” pre-owned automobile, the dealership obtained his signature on a document stating that the automobile was being sold to him on an “as is” basis i.e., that it was being sold without the implied warranty merchantability which would otherwise apply under California’s lemon law statute.
The Plaintiff purchased the Mitsubishi Lancer and, according to the Complaint’s allegations, he later found out that the vehicle had previously been involved in a severe collision in which it suffered frame damage.
Based on these allegations, the Vachon Law Firm (on the Plaintiff’s behalf) asserted causes of action against Orange Coast Chrysler Jeep Dodge Capistrano for fraud, violation of the California lemon law, violation of the Consumers Legal Remedies Act (the “CLRA”), and violation of the Unfair Competition Law (the “UCL”). Both the CLRA and the UCL cause of action allege that Orange Coast Capistrano violated California Vehicle Code Section 11713.18, which prohibits selling so-called “certified” pre-owned automobiles on an as-is basis and without the warranties otherwise imposed under California’s lemon law statute.
Click below to read a copy of the Complaint in the Rodriguez v. Orange Coast Chrysler Jeep Dodge Capistrano lawsuit.
The Orange County Superior Court has not yet determined whether or not the Complaint’s allegations are true or whether Orange Coast Capistrano did anything wrong. The dealership is expected to deny the Complaint’s allegations when it answers in the lawsuit.
Vachon Law Firm Wants to Contact Other Orange Coast Capistrano Customers
The Vachon Law Firm (which specializes in lemon law and accident-damaged used car lawsuits) is representing the Plaintiff in this lawsuit and is currently looking for any former customers or employees of Orange Coast Chrysler Jeep Dodge Capistrano that might have information relevant to this case. If you purchased an accident-damaged used car from Orange Coast Capistrano, or if you were previously an employee of the San Juan Capistrano car dealership, please call the Vachon Law Firm at 855-4-LEMON-LAW (855-453-6665). You may have valuable information that is relevant to this case. You might even find out that you too are entitled to a full refund!
Please call or email us today if you think you have any relevant information about Orange Coast Capistrano.