December 23, 2011 by Michael Vachon
Filed under California Lemon Law, Deferred Down Payments, Falsifying Down Payment Amounts, McCune Chrysler Jeep Dodge, McCune Motors, San Diego County Lemon Law Lawyer, San Diego Lemon Law Attorney, San Diego Lemon Law Lawyer, San Diego Lemon Lawyer
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SAN DIEGO LEMON LAW LAWYER SETTLES LOCAL CONSUMER’S LAWSUIT AGAINST MCCUNE MOTORS
San Diego lemon law attorney Michael R. Vachon, Esq. is proud to announce the successful resolution of the lawsuit Morales v. McCune Motors, et al. (San Diego County Superior Court Case No. 37-2011-00079410.
In this lawsuit, Morales (a local consumer who lives in Chula Vista, California) brought California lemon law and other claims against San Diego County car dealership McCune Motors, which operates a dealership under the fictitious business name “McCune Chrysler Jeep Dodge” in National City, California.
California Lemon Law Claims & Other Allegations Against McCune Motors
Mr. Morales’s San Diego lemon law attorney filed a complaint against McCune Motors in the East County division of the San Diego County Superior Court alleging that McCune Motors had falsified the amounts of the down payments in Mr. Morales’s vehicle purchase contract. Although not prohibited by the California lemon law, San Diego car dealerships (like all dealerships in California) are prohibited from falsifying down payment amounts by California’s Automobile Sales Finance Act. Falsified down payment cases are one of the more common forms of automobile fraud cases brought by lemon law attorneys in San Diego.
Mr. Morales (through his San Diego lemon lawyer) further alleged that McCune Motors had violated one of the California lemon law’s implied warranties by selling him a vehicle with a serious braking defect.
San Diego Lemon Law Attorney Negotiated a Settlement With McCune Motors
Mr. Morales and McCune Motors recently entered into a settlement agreement negotiated by San Diego lemon law attorney Michael R. Vachon, Esq., under which McCune Motors did not admit liability, but in which McCune Motors agreed to repurchase Mr. Morales’s Dodge Charger, refund his money, pay additional damages, and also pay the legal fees of Mr. Morales’s San Diego lemon law attorney incurred in representing him.
A dismissal of the complaint against McCune Motors was filed by Mr. Morales’s lemon law attorney in San Diego County Superior Court on December 22, 2011.
- Back to California Lemon Law Info Page
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CALIFORNIA LEMON LAW ATTORNEY SUES MCCUNE MOTORS FOR VIOLATING CALIFORNIA LEMON LAW AND FALSIFYING DOWN PAYMENTS IN VEHICLE CONTRACTS
The California lemon law lawyer who publishes this blog announces the filing of the lawsuit Morales v. McCune Motors, et al. (San Diego County Superior Court Case No. 37-2011-00079410). The lawsuit arises out of the Plaintiff’s (a Chula Vista, California consumer) purchase of a used 2007 Dodge Charger from McCune Motors. McCune Motors is a National City, California used car dealership that operates under the name “McCune Chrysler Jeep Dodge” at 2340 National City Boulevard, National City, California. The lawsuit is venued in the California Superior Court for the County of San Diego because the Plaintiff resides in Chula Vista, California and McCune Motors operates in National City, California.
Allegations Against McCune Motors Include Violation of the California Lemon Law & Falsifying Down Payment Amounts
In Morales v. McCune Motors, the Plaintiff’s complaint alleges that McCune Motors violated California law by: (1) falsifying the amount of Plaintiff’s down payment in the vehicle’s purchase contract; (2) misrepresenting the mechanical condition of the Dodge Charger by failing to disclose that the Dodge Charger had a serious braking defect; and (3) failing to pay off the outstanding loan balance on the vehicle that the Plaintiff traded-in to McCune Motors.
The Plaintiff’s complaint also alleges that he is not the only victim of McCune Motors’s illegal conduct. The complaint alleges that McCune Motors has a business practice of falsifying down payment amounts in vehicle contracts in order to get car buyers financed for vehicles they cannot afford, and for which they otherwise would not qualify for financing.
The allegations regarding the braking defect allege that McCune Motors breached the implied warranty of merchantability imposed by the California lemon law. See this site’s California Lemon Law Information page for a full discussion of all the California lemon law’s requirements.
The California Superior Court for the County of San Diego has not yest made any determinations or finding regarding the merits of Plaintiff’s allegations, and McCune Motors is expected to deny all claims asserted in the lawsuit.
California Lemon Lawyer Seeking Other McCune Motors Customers for Information About Falsifying Down Payment Amounts
The California lemon law attorney representing the Plaintiff in the Morales v. McCune Motors lawsuit is seeking other McCune Motors customers to find out if they had their down payment amounts falsified as well, in order to prove Plaintiff’s allegation that McCune Motors has an illegal business practice of falsifying down payment amounts.
If you bought or leased a vehicle from McCune Chrysler Jeep Dodge in National City, California, and McCune Motors did not accurately state your down payment amounts on your purchase or lease contract, then please call the Law Office of Michael R. Vachon, Esq. at (858) 674-4100.
When you call, in addition to providing valuable information, you can also speak to an expert California lemon law attorney to discuss what legal rights you have.
McCune Chrysler Jeep Chula Vista, Inc. and Chrysler Group, LLC Settle Lawsuit Brought by California Lemon Law Attorney
October 29, 2011 by Michael Vachon
Filed under CA Lemon Law, California Lemon Law, California Tire Fee, California Tire Fee for Used Cars, Chrysler Lemons, McCune Chrysler Jeep Dodge, McCune Motors, Wrongful Charge for California Tire Fee
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MCCUNE CHRYSLER JEEP DODGE AND CHRYSLER SETTLE LAWSUIT BROUGHT BY CALIFORNIA LEMON LAW ATTORNEY
The California lemon law attorney who publishes this blog is announcing the resolution of the lawsuit Khalsa v. Chrysler Group, LLC, McCune Motors, and Does 1 Through 10 (San Diego County Superior Court Case No. 37-2011-00076511).*
California Lemon Law Claims Against Chrysler Group, LLC Settled
In this case, a San Diego, California consumer who purchased a used 2009 Dodge Challenger alleged that Chrysler Group, LLC (“Chrysler”) had violated the California lemon law’s rules by failing to repair a defect that caused the tire warning light to repeatedly illuminate (see this Web site’s explanation of How the California Lemon Law Applies to Used Cars too). The consumer resolved his California lemon law claim against Chrysler pursuant to a settlement in which no party admitted liability, but in which Chrysler made a mutually acceptable cash payment to the consumer.
Non-Lemon Law Claims Against McCune Chrysler Jeep Dodge for Charging California Tire Fee on Used Car Sale Settled
The Khalsa v. Chrysler Group, LLC, McCune Motors, and Does 1 Through 10 lawsuit also alleged that Dodge Chrysler Jeep Chula Vista, Inc. (which operated a car dealership in Chula Vista, California under the fictitious business names “McCune Chrysler Jeep Dodge” and “McCune Dodge Chrysler Jeep”) illegally charged him for the “California Tire Fee,” even though he was not required to pay the California Tire Fee – due to the fact that the Dodge Challenger did not have new tires at the time when McCune Chrysler Jeep Dodge sold it. Although not covered by the California lemon law, lawsuits in which a consumer alleges that a car dealership illegally charged him or her for the California Tire Fee in a used car sale are one of many types of Auto Fraud lawsuits prosecuted by the Law Office of Michael R. Vachon, Esq. The claims against McCune Chrysler Jeep Dodge were resolved pursuant to a settlement in which no party admitted liability, but which was mutually acceptable to both Mr. Khalsa and McCune Chrysler Jeep Dodge.
*A Second Amended Complaint was later filed in the Khalsa v. Chrysler Group, Inc., McCune Motors, and Does 1 Through 10 renaming the lawsuit Khalsa v. Chrysler Group, LLC, Dodge Chrysler Jeep Chula Vista, Inc., Chase Auto Finance Corp., and Does 1 Through 10