Remate Del Monte Agrees to Settlement
The Vachon Law Firm announces the successful resolution of the lawsuit Hernandez v. Remate Del Monte, et al (San Diego Superior Court Case No. 37-2010-00104948). The plaintiff in the suit is a local consumer who was represented by the Vachon Law Firm. The defendant, Remate Del Monte, is an El Monte, California used-car dealership.
The Lawsuit Alleged Multiple Statutory Causes of Action
The plaintiff’s complaint alleged that Remate Del Monte sold him a car with an invalid VIN number and that as a result the California Department of Motor vehicles refused to register it in the plaintiff’s name. The complaint asserted that this amounted to a breach of the implied warranty of merchantability and that the plaintiff was entitled to rescind the purchase contract.
The complaint also alleged violations of California’s Automobile Sales Finance Act. Specifically, the plaintiff asserted that Remate Del Monte failed to properly disclose a deferred down payment in the purchase contract.
The Parties Agreed to Settle and Dismiss the Lawsuit
The parties agreed to a settlement in which Remate Del Monte did not admit liability or wrongdoing, but pursuant to which the dealership made a mutually acceptable cash payment to the plaintiff and agreed to cover her attorney’s fees and costs.