Settlement Reached in Lemon Law Lawsuit Against Road Motors
The Vachon Law Firm is proud to report the conclusion of the lawsuit Wiltse v. Road Motors (San Diego County Superior Court Case No. 37-2010-00072138). The parties settled their claims in the wake of the San Diego County Superior Court’s decision to reconsider its April 15, 2011 order requiring the parties to argue their claims in arbitration, rather than litigate them in court. After the motion for reconsideration was scheduled, rather than risk having to litigate the claims in court, the defendants Road Motors and Credit Acceptance Corporation agreed to settle.
Road Motors is a popular San Diego County used car dealership, that operates out of Spring Valley, California. Credit Acceptance Corporation is a lender that finances automobile purchase loans. It was the lender to whom Road Motors assigned the plaintiff’s automobile purchase contract.
Complaint Alleged Fraud and Lemon Law Violations
In the Wiltse v. Road Motors lawsuit, the plaintiff alleged that he purchased a used Mercedes-Benz from Road Motors, and that the dealership falsified the down payment amounts in the contract, thereby violating the Automobile Sales Finance Act. The complaint further alleged that Road Motors sold a vehicle that was unsafe and inoperable, thereby breaching the implied warranty of merchantability. Finally, the complaint alleged that Road Motors committed common law fraud and violated California’s Consumers Legal Remedies Act by failing to disclose that the vehicle had already been in an accident.
Note: Road Motors denied all liability and claimed that it committed no wrongdoing. It did not admit any liability or illegal conduct in the settlement agreement.