The following article was originally posted on July 10, 2012 by Michael Vachon, LL.M. (the publisher of this Website) for the purpose of attempting to locate potential witnesses in a then pending lawsuit. The lawsuit discussed in this article was dismissed in August, 2012 pursuant to a settlement agreement in which California Motors Direct did not admit liability, but did agree to reacquire Mr. Preciado’s vehicle and to pay a sum of money for Mr. Preciado’s attorney’s fees and costs. Michael Vachon, LL.M. has left this post on this Website so that potential clients looking to hire a lemon law or car dealer fraud lawyer can read about the types of lawsuits in which he has participated. It is important to note that the article merely describes the allegations that were made in the lawsuit. Since the lawsuit was settled prior to trial, the court never determined whether the allegations are true are false.
Southern California lemon law attorney Michael Vachon, LL.M. has filed a lawsuit on behalf of a San Diego County consumer against the “California Motor Direct.” California Motors Direct is a used car dealership in Stanton, California. The lawsuit is titled Preciado v. David Aleman d.b.a. California Motors Direct, et al., and is pending before the Orange County Superior Court (Case No. 30-2012-00578719). The Plaintiff, Ricardo Preciado, is being represented by the lemon law lawyer who publishes this blog.
Lemon Law Allegations Against California Motors Direct
Mr. Preciado’s lemon law lawyer has filed a complaint that alleges that he purchased a used Infiniti G35 from California Motors Direct in May, 2012. According to the complaint, California Motors Direct had advertised that it was a “dream car.” However, the complaint also alleges that soon after Mr. Preciado purchased the Infiniti G35 he discovered that it had previously been in a major accident, and that the damage was so severe that the automobile was unsafe to drive. Mr. Preciado alleges that California Motors Direct violated the California lemon law statute because the vehicle was sold with a warranty, but did not provide safe, reliable transportation. It also alleges that California Motors Direct committed common law fraud, violated California’s Consumers Legal Remedies Act, and committed unfair competition by failing to disclose the accident damage.
Allegations of Illegal Arbitration Provision
Also included in the lawsuit against California Motors Direct are Mr. Preciado’s allegations that he was forced to sign an “arbitration” provision, which purportedly waived his rights to litigate any complaints he had against California Motor Direct in a court of law. The arbitration provision instead required that any disputes be decided by a private arbitrator, and not a court of law. Mr. Preciado alleges that the arbitration provision is unconscionable and unenforceable under California law because it prevents him from seeking punitive damages and attorney’s fees from California Motors Direct in the event there is a dispute between the parties.
Click here to read a copy of the California Motors Direct lawsuit’s complaint.
Please note: the Orange County Superior Court has not yet determined whether the allegations in Mr. Preciado’s complaint are true, or whether California Motors Direct committed any wrongdoing. California Motors Direct is expected to deny all liability when it answers the complaint.
Lemon Law Attorney Looking for Other California Motors Direct Customers
Mr. Preciado’s California lemon law attorney is currently attempting to contact other California Motors Direct customers. If you purchased an accident-damaged used car from California Motors Direct, or were forced to sign one of its arbitration agreements, then please call the Law Office of Michael Vachon, LL.M. at 1-855-4-LEMON-LAW (1-855-453-6665).
By calling, not only will you be providing valuable information to help resolve this lawsuit, you can also find out if you have any rights against California Motors Direct for violation of the lemon law or California’s other consumer protection statues.