Lawsuit Filed Against West Covina Toyota
The Vachon Law Firm has filed a lawsuit against the car dealership “West Covina Toyota” and Toyota Motor Credit Corporation alleging that West Covina Toyota has a practice of backdating vehicle purchase contracts. The case, which is entitled Cervantes v. West Covina Toyota, et al., was filed on February 17, 2012 in the Eastern District of the Los Angeles County Superior Court, Pomona Courthouse South. The plaintiff, Mr. Enrique Cervantes, is a San Bernardino, California consumer who is represented by the Vachon Law Firm. The lawsuit arises out of Mr. Cervantes’s purchase a 2011 Toyota Tacoma in 2010.
Allegations of Contract Cancelation and Backdating
The plaintiff’s complaint alleges that he purchased a vehicle from West Covina Toyota on September 4, 2010, and that West Covina Toyota later sent plaintiff a “Notice of Election to Cancel,” which asserted that West Covina Toyota was canceling the purchase contract because of a purported inability to obtain financing. The plaintiff then returned to West Covina Toyota and signed a second purchase contract that included a higher APR. According to the complaint, instead of accurately dating the second contract, West Covina Toyota backdated it to September 4, 2010 (i.e., the date of the first purchase contract). Based on these allegations, the complaint asserts that West Covina Toyota violated California’s Automobile Sales Finance Act, the Consumers Legal Remedies Act, and California’s Business & Professions Code.
Toyota Motor Credit Corporation was named as a co-defendant. According to the complaint, it is the lender to whom the backdated purchase contract was assigned.
Click here to read a copy of the complaint against West Covina Toyota that was filed in the Los Angeles County Superior Court.
Note: The Los Angeles County Superior Court has not issued any rulings regarding whether the complaint’s allegations are true.