Vachon Law Firm Sues the Car Gallery and Gateway One Lending
(NOTE: The lawsuit described below was settled in April, 2013 pursuant to a mutually acceptable settlement agreement in which none of the defendants were found guilty or admitted any wrongdoing.)
The Vachon Law Firm has announced the filing of a lawsuit against the Car Gallery of Temecula, California. The lawsuit Aguirre v. Fathi 5 Enterprises, Inc., et al. was filed in the Riverside County Superior Court on May 3, 2012 (Riverside County Superior Court Case No. RIC1206723). The defendant, Fathi 5 Enterprises, Inc., does business as the local car dealership the “Car Gallery” in Temecula, California. The plaintiff is a Temecula, California consumer who purchased a 2007 Mercedes-Benz from the Car Gallery in August, 2011. Gateway One Lending & Finance, LLC, the company that financed the loan for Ms. Aguire’s purchase from the Car Gallery, has also been named as co-defendant.
Lawsuit Alleges Sale of Accident-Damaged Vehicle Via a Backdated Contract
The complaint alleges that the Car Gallery sold the plaintiff an accident-damaged vehicle without disclosing the known damage. It further alleges that Car Gallery’s failure to disclose the accident damage amounts to fraud, violates California’s Consumers’ Legal Remedies Act, breached the implied warranty of merchantability (which was imposed by California’s lemon law statute). The complaint goes on to allege that Car Gallery illegally backdated the contract, thereby charging her illegal, undisclosed pre-transaction interest.
Note: The Riverside County Superior Court did not make a determination of whether the plaintiff’s allegations are true, and the Car Gallery and Gateway One Lending & Finance denied that they committed any wrongdoing.