Hayward Toyota Settlement
The Vachon Law Firm announced a settlement with defendant Auto Mission, Ltd. in a lawsuit alleging falsification of down payments. Auto Mission, Ltd. runs the Bay Area car dealership “Hayward Toyota.” The plaintiff, Ms. Karen Gordon-Brown is an Oakland, California consumer represented by the Vachon Law Firm. This settlement resolves the lawsuit Gordon-Brown v. Auto Mission, Ltd., et al. (Alameda County Superior Court Case No. HG11607769), which was filed in late 2011.
Allegations Against Hayward Toyota
The parties’ legal dispute arose out of Ms. Gordon-Brown’s October 2011 purchase of a Volkswagen Jetta from Hayward Toyota. In addition to asserting violations of California’s lemon law, the complaint alleged that Hayward Toyota violated California’s Automobile Sales Finance Act. Specifically, the complaint alleges that Hayward Toyota falsified the deferred down payment and down payment amounts in the purchase contract in order to get her financed for a loan she could not afford, and for which she otherwise would not have qualified.
The complaint goes on to allege that Hayward Toyota breached the implied warranty of merchantability because the Jetta was in such poor condition that it became inoperable within one month being sold.
Under the settlement, Hayward of Toyota agreed to pay Ms. Gordon-Brown a lump sum of money, take back the Volkswagen Jetta, and pay her attorney’s fees and costs. In essence, it is a complete vindication of Ms. Gordon-Brown’s legal rights.
Note: Under the settlement, Hayward Toyota did not admit any guilt or liability.