Vachon Law Firm Resolves West Covina Toyota Backdating Lawsuit
The Vachon Law Firm is pleased to announce the successful resolution of yet another California consumer’s lawsuit against an automobile dealership. Cervantes v. West Covina Toyota, et al. (Los Angeles County Superior Court Case No. KC063172), which was filed on February 17, 2012, was recently dismissed pursuant to the parties’ settlement agreement.
West Covina Toyota Repurchased the Plaintiff’s Automobile
Under the settlement, West Covina Toyota agreed to repurchase the 2011 Toyota Tacoma that the Plaintiff, Mr. Enrique Cervantes, purchased from West Covina Toyota in September 2010. Not only did Mr. Cervantes win a refund of the money that he paid, but West Covina Toyota also paid Mr. Cervantes attorney’s fees and costs.
Note: under the settlement, West Covina Toyota did not admit any liability or wrongdoing.
Lawsuit Alleged Backdating of Vehicle Purchase Contracts
Mr. Cervantes’s complaint in the lawsuit alleged that West Covina Toyota was guilty of backdating his vehicle purchase contract in violation of California’s Automobile Sales Finance Act, Consumers Legal Remedies Act, and Unfair Competition Law statute. More specifically, the complaint alleged that after West Covina Toyota sold Mr. Cervantes the Toyota Tacoma on September 4, 2010, it contacted him and elected to cancel the purchase contract. The complaint further alleged that West Covina Toyota then prepared a new contract for Mr. Cervantes to sign, which contained a new and higher interest rate. The complaint’s allegations continued by asserting that in drawing up this new automobile purchase contract, West Covina Toyota falsely dated it as of September 4, 2010 (i.e., the date on which Mr. Cervantes signed his first purchase contract). The complaint alleged that by backdating the vehicle purchase contract West Covina Toyota illegally charged Mr. Cervantes undisclosed pre-consummation interest.
Contact an Attorney if West Covina Toyota Backdated Your Contract
If you purchased a car or truck from West Covina Toyota, and the dealership later called you and had you sign a second purchase contract that it ultimately backdated, then you may be entitled to a full refund and should contact an attorney who specializes in auto fraud.