Vachon Law Firm Sues Mercedes-Benz of Laguna Niguel for Not Disclosing Lease Penalty Charges
The Vachon Law Firm announces the filing of the lawsuit Kaghazchi v. Mission Imports, et al. One of the defendants, Mission Imports, Inc., is a Laguna Niguel, California Mercedes dealership that does business under the name “Mercedes-Benz of Laguna Niguel.” The other defendant is Mercedes-Benz Financial Services USA, LLC. The plaintiff is an Orange County, California resident who is represented by the Vachon Law Firm. The lawsuit was filed in the Orange County Superior Court on April 18, 2012 (Orange County Superior Court Case No. 30-2012-00564149).
Complaint Seeks Rescission of Lease Contracts
The plaintiff’s complaint alleges that Mercedes-Benz of Laguna Niguel violated California’s Vehicle Leasing Act by obtaining the plaintiff’s signature on a document entitled “Acknowledgment of Anti-Export Policy,” which purportedly required the plaintiff to pay $10,000 in liquidated damages if he took his vehicle outside of North America. The complaint asserts that this type of penalty provision must be set forth within the four corners of the written vehicle lease contract – or not at all – and that the plaintiff is entitled to rescind his lease contract as a result.
Noe: The Orange County Superior Court has not yet made any determinations of the merits of the plaintiff’s allegation.
Mercedes-Benz Financial Services Name as Defendant
The Kaghazchi v. Mission Imports names Mercedes-Benz Financial Services as a co-defendant because it is the lender that financed the lease. According to the complaint, Mercedes-Benz Financial Services is subject to all of the claims and defenses that the plaintiff can assert against the dealership defendant.