Fletcher Jones Motorcars Appellate Decision Published by California Court of Appeal

CALIFORNIA COURT OF APPEAL PUBLISHES ORANGE COUNTY LEMON LAW ATTORNEY’S VICTORY OVER FLETCHER JONES MOTORCARS

This blog has been following the Lewis v. Fletcher Jones Motorcars, Inc., lawsuit, in which the Plaintiff, Christy Lewis, (an Orange County, California resident) is represented by the Orange County lemon law attorney who publishes this Web site. The defendant Fletcher Jones Motorcars operates a popular Newport Beach, California Mercedes-Benz dealership.

Click here for all postings about the Fletcher Jones Motorcars lawsuit.

Fletcher Jones Motorcars Previously Tried to Force Ms. Lewis and Her California Lemon Law Lawyer Into Arbitration

After four months of litigating this lawsuit in the Orange County Superior Court, Fletcher Jones Motorcars brought a motion asking the court to force Mr. Lewis and her Orange County, California lemon law attorney to arbitrate their claims against Fletcher Jones. Arbitration is a non-court proceeding in which a private individual (rather than a judge) gets to decide who wins and who loses. Arbitration is typically unfair and less advantageous to consumers trying to bring lawsuits against businesses (like Fletcher Jones Motorcars) because arbitrators typically permit consumers to conduct less discovery, and it is much more difficult to force an arbitrator to follow the law if he or she doesn’t want to do so. On July 22, 20111, the trial court denied Fletcher Jones Motorcars motion to compel arbitration, and Fletcher Jones appealed.

Orange County Court of Appeal Ruled That Fletcher Jones Motorcars Not Entitled to Force Ms. Lewis to Arbitrate Her Claims – And Then Published the Decision

On March 26, 2012, the Fourth District, Division Three Court of Appeal (the Court of Appeal for Orange County, California) upheld the trial court’s order denying Fletcher Jones Motorcars’s motion to compel arbitration, and then on April 25, 2012 published the decision. By publishing the appellate opinion, it is now part of the precedential law of California that consumers everywhere can cite to in support of their efforts to avoid arbitration.

Ms. Lewis and her California lemon law attorney achieved a victory that will now benefit other California consumers seeking a fair adjudication of their lawsuits.

Click here to read a copy of the Orange County, California Court of Appeal’s published decision in the Fletcher Jones Motor Cars, Inc. lawsuit.

 

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Fletcher Jones Motorcars Loses to Lemon Law Attorney in Orange County Court of Appeal

ORANGE COUNTY LEMON LAW LAWYER PREVAILS AGAINST FLETCHER JONES MOTORCARS IN APPELLATE DECISION

On March 26, 2012, California’s Orange County Court of Appeal released its decision denying the appeal of Fletcher Jones Motorcars in a case being litigated by Orange County lemon law attorney Michael R. Vachon, Esq. The appeal decision is titled Lewis v. Fletcher Jones Motor Cars, Inc. (Orange County Court of Appeal Case No. G045603).

Orange County Lemon Law Lawyer’s Complaint Against Fletcher Jones Motorcars

This appeal arose out of the Orange County Superior Court case Christy Lewis v. Fletcher Jones Motor Cars, Inc., et al. (Orange County Superior Court Case No. 30-2011-00441338). The Plaintiff, Christy Lewis, is a Newport Beach, California consumer who leased a Mercedes vehicle from Fletcher Jones Motorcars (a Newport Beach, CA Mercedes-Benz dealership) in October, 2006. Ms. Lewis has been represented in this lawsuit (both at the trial court and court of appeal) by Orange County lemon law attorney Michael R. Vachon, Esq.

Click here for Fletcher Jones Motorcars lawsuit information.

Ms. Lewis’s complaint against Fletcher Jones Motorcars (as filed by her O.C. lemon law lawyer) alleges that the Newport Beach dealership falsified the down payment amounts in her car’s lease contract in order to get her financed for a vehicle for which she otherwise would not have qualified – in violation of California’s Vehicle Leasing Act. Ms. Lewis’s lemon law attorney also alleges in the complaint that Fletcher Jones Motorcars violated the Vehicle Leasing Act by having her sign a second document that purportedly required her to pay $10,000 in damages if she took her leased Mercedes outside of North America. According to Ms. Lewis’s Orange County lemon law attorney, this violates the Vehicle Leasing Act’s “single document rule,” which requires that all of the agreements between the car dealership and the leasing consumer be contained in a single document.

Orange County Lemon Law Attorney Represents Consumers in Non-California Lemon Law Lawsuits as Well

According to Orange County lemon law lawyer Michael R. Vachon, Esq., falsified down payment lawsuits and single document rule violations are becoming one of the most common forms of non-California lemon law cases litigated by his law firm. A California lemon law attorney in Orange County, California, Mr. Vachon also takes on a wide variety of car dealer fraud cases that have little or nothing to do with California’s lemon law statute.

Fletcher Jones Motorcars Attempted to Prevent Plaintiff From Litigating Her Case in Court

On June 2, 2011, Fletcher Jones Motorcars filed a motion with the trial court asking the court to throw her case out of court and into arbitration. Arbitration is a type of dispute resolution procedure in which an “arbitrator” (i.e., a former lawyer or judge working for a company that provides arbitration services) gets to decide who wins and who loses a lawsuit. Consumer attorneys who practice California lemon law suits, as well as most other consumer lawyers, believe that arbitration is unfair to consumers and weighed in favor of the businesses that try to impose arbitration – primarily because (1) the arbitrator effectively relies on the defendants for his or her compensation, and (2) arbitrators generally permit less discovery, which is the process that consumers use in court to gather evidence to prove their claims. Accordingly, Ms. Lewis’s Orange County lemon law lawyer opposed Fletcher Jones’s motion, and argued that Ms. Lewis was entitled to litigate her lawsuit in Court.

The Orange County trial court judge hearing the case (Hon. Thierry P. Colaw) ruled against Fletcher Jones Motorcars, finding that it had waived the right to compel arbitration, and that the arbitration provision was not enforceable for other reasons. In so doing the Court accepted, in their entirety, the arguments of Ms. Lewis’s Orange County lemon law lawyer.

Dissatisfied with this loss to a prominent California lemon law lawyer, Fletcher Jones Motorcars attempted to appeal.

Court of Appeal Sides With Orange County Lemon Law Attorney and Against Fletcher Jones Motorcars

Fletcher Jones Motorcars filed a notice of appeal of Judge Colaw’s decision on August 3, 2011. After substantial briefing by Fletcher Jones and Ms. Lewis’s Orange County lemon lawyer, the Court of Appeal heard oral argument on March 21, 2012.

Almost immediately after oral argument, on March 26, 2012, the Orange County Court of Appeal issued its ruling denying the Fletcher Jones Motorcars appeal, and affirming Judge Colaw’s ruling. In so doing, the Court of Appeal accepted virtually all of the arguments asserted by Ms. Lewis’s Orange County lemon law lawyer. The Court of Appeal ruled that Fletcher Jones Motorcars waived its right to compel arbitration by waiting too long to ask for arbitration, attempting to win the lawsuit in court by filing demurrers and motions (all of which were successfully opposed by Ms. Lewis’s O.C. lemon law attorney) asking the Court to throw out Ms. Lewis’s claims, and by forcing Ms. Lewis’s Orange County lemon lawyer to file numerous motions to compel discovery responses.

The Court of Appeals decision was a complete vindication of the arguments presented by Orange County lemon law attorney Michael R. Vachon, Esq., and a complete rebuke of the position asserted by Fletcher Jones Motorcars.

Click here to read of a copy of the Court of Appeal’s Fletcher Jones Motorcars decision.

Customers of Fletcher Jones Motorcars Should Contact Orange County Lemon Law Attorney

After Fletcher Jones’s loss in the Court of Appeal, it will now have to square off again in the trial court against Orange County lemon law lawyer Michael R. Vachon, Esq. Preparing to litigate this matter, Ms. Lewis’s attorney is now requesting that former Fletcher Jones Motorcars lease customers please contact him to discuss their experience with the Newport Beach, California dealership. By calling, you will provide valuable evidence and information that will help the court determine whether Fletcher Jones Motorcars was illegally falsifying down payment amounts or violating the Vehicle Leasing Act’s single document rule.

In any event, all Fletcher Jones Motorcars customers who contract Ms. Lewis’s Orange County lemon law lawyer will be able to find out, for free, whether Fletcher Jones Motorcars violated the California lemon law or any other consumer protection statutes in their transaction.

If you are a former Fletcher Jones Motorcars lease customer, then please call Orange County lemon law attorney Michael R. Vachon, Esq. today. Call toll free at 1-855-4-LEMON-LAW (1-855-453-6665).

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Fletcher Jones Motor Cars Appeals Arbitration Loss to Orange County Lemon Law Attorney

ORANGE COUNTY LEMON LAW ATTORNEY FILES APPELLATE BRIEF IN LEWIS V. FLETCHER JONES MOTORCARS, INC.

The Orange County lemon law attorney who publishes this blog recently filed an appellate brief in the case of Lewis v. Fletcher Jones Motorcars, Inc. (Orange County Superior Court Case No. 30-2011-00441338)(Fourth District Court of Appeal, Division Three Case No. G045603). This is a non-lemon law case in which Orange County lemon law attorney Michael R. Vachon, Esq. is representing a Newport Beach, California consumer against Fletcher Jones Motorcars, Inc. which operates a popular Mercedes-Benz dealership in Newport Beach, California.

Allegations Against Fletcher Jones Mercedes

On May 23, 2011, Ms. Lewis’s Orange County lemon law lawyer filed the Second Amended Complaint against Fletcher Jones Motorcars. This complaint alleged a non-lemon law cause of action under California’s Vehicle Leasing Act. Specifically, it alleged that Fletcher Jones Motorcars violated the Vehicle Leasing Act by falsifying the down payment amounts in Ms. Lewis’s lease contract, and also by obtaining her signature on a second document (other than the lease contract) that purportedly required her to pay $10,000 in liquidated damages if she violated Fletcher Jones Mercedes’s “Anti-Export Policy.”

Click here to view a copy the complaint in the Fletcher Jones Motorcars Orange County Lawsuit.

Orange County Supreme Court Denied Fletcher Jones Motorcars’s Arbitration Motion

Fletcher Jones Motorcars has filed multiple requests with the Orange County Superior Court, asking it to dismiss the Lewis v. Fletcher Jones Motorcars lawsuit; however, these requests have so far been successfully opposed by Ms. Lewis’s Orange County lemon law lawyer Michael R. Vachon, Esq.

In addition, Fletcher Jones Motorcars also filed a motion asking the Orange County Superior Court to force Ms. Lewis to arbitrate her claims with Fletcher Jones Mercedes, rather than litigating them in court. Ms. Lewis’s Orange County lemon law attorney opposed this motion as well, and on August 5, 2011, the Orange County Superior Court denied Fletcher Jones Motorcars’ arbitration motion on multiple grounds.

Click here to view a copy of the Orange County Superior Court’s Order Denying Fletcher Jones Motorcars Arbitration Motion.

As a result of this loss, Fletcher Jones Motorcars appealed.

Orange County Lemon Law Attorney’s Brief in the Court of Appeal

On December 13, 2011, the Orange County lemon law attorney representing Ms. Lewis filed her Respondent’s brief, arguing that the Orange County Superior Court Judge Thierry P. Colaw had correctly denied Fletcher Jones’s motion to compel arbitration.

Click here to read a copy of the Appellate Brief Filed By Orange County Lemon Law Attorney Michael R. Vachon, Esq.

Orange County Lemon Law Lawyer Still Seeking Fletcher Jones Mercedes Customers

The Orange County lemon lawyer representing Ms. Lewis is still requesting that any persons who leased or purchased a vehicle from Fletcher Jones Motorcars from 2006 to 2010, and who would be willing to share their experiences with Fletcher Jones Mercedes, call him to discuss their transaction. In particular, Ms. Lewis’s Orange County lemon law attorney is looking for evidence of Fletcher Jones Mercedes falsifying down payment amounts in other vehicle lease or purchase contracts.

The Law Office of Michael R. Vachon, Esq. will review your lease or purchase contract for FREE to see if Fletcher Jones Motorcars violated the Califoria lemon law or falsified the down payments in your transaction. Please call the Law Office of Michael R. Vachon, Esq. at (858) 674-4100 to discuss you experiences with Fletcher Jones Mercedes.

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Lewis v. Fletcher Jones Motor Cars, Inc. – Orange County Lemon Law Attorney Sues Fletcher Jones Motorcars

FLETCHER JONES MOTORCARS SUED BY ORANGE COUNTY WOMAN

The Orange County lemon law attorney who publishes this blog announces the January 14, 2011 filing of the lawsuit Lewis v. Fletcher Jones Motor Cars, Inc., et al. (Orange County Superior Court Case No. 30-2011-00441338). The lawsuit is venued in the California Superior Court for the County of Orange because both parties are from Orange County. The defendant, Fletcher Jones Motor Cars, Inc., is a Mercedes dealership located in Newport Beach, California. The Plaintiff also resides in Newport Beach, California. The case has been assigned to Orange County Superior Court Judge Thierry P. Colaw.

Orange County Woman Alleges Fletcher Jones Motorcars Falsified Down Payment Amount in Mercedes Lease Contract

In the Lewis v. Fletcher Jones Motor Cars, Inc., et al. lawsuit, the Plaintiff alleges that Fletcher Jones Motorcars illegally falsified the down payment amount in her lease contract in order to get her financed for a vehicle lease for which she otherwise would not have qualified. Although the California lemon law does not address this type of conduct, other California consumer protection statutes do. In fact, failing to disclose deferred down payments in vehicle lease and purchase contracts is one of the more common types of Auto Fraud that Orange County Lemon Law attorney Michael R. Vachon, Esq. prosecutes.

Lawsuit Also Alleges Fletcher Jones Motorcars Failed to Include All of its Lease’s Penalty Provisions in a Single Document

Ms. Lewis’s complaint also alleges that Fletcher Jones Motorcars violated applicable vehicle leasing laws (including California’s Vehicle Leasing Act) by failing to include in her lease contract a penalty provision that would have required her to pay $10,000 if she violated Fletcher Jones Motorcars’s “Anti-Export Policy.” This penalty provision was set forth in a separate document (not the vehicle lease contract), and essentially prohibits consumers from taking vehicles that they leased from Fletcher Jones Motorcars outside of North America. Ms. Lewis’s Orange County lemon lawyer has alleged on her behalf that California’s Vehicle Leasing Act requires that ALL potential penalty provisions related to a vehicle lease are required to be contained within the lease contract – and not set forth in separate documents. This requirement is intended to make sure that ALL potential costs in vehicle leases (including penalty costs) are contained in a single document, so that consumers do not have to search through a multitude of confusing documents in order to figure out how much money they will have to pay under a vehicle’s lease.

Fletcher Jones Motorcars denies liability under this lawsuit, and the Orange County Superior Court has not yet made any determinations regarding the merits of the lawsuit or whether Fletcher Jones Motorcars acted illegally.

Orange County Lemon Law Attorney Looking For Other Fletcher Jones Motorcars Lease Customers

The Orange County lemon law lawyer representing Ms. Lewis is currently seeking other Fletcher Jones Motorcars lease customers in order to gather evidence and (if you want and agree to do so) to potentially act as witnesses. If you leased a vehicle from Fletcher Jones Motorcars, and either (1) made a deferred down payment that was not disclosed on the lease contract, or (2) signed an “Acknowledgment of Anti-Export Policy” form then please call Law Office of Michael R. Vachon, Esq. right now at (858) 674-4100.

When you call, we can also tell you whether are entitled to monetary damages and/or to rescind your lease contract and get your money back.