(Note: the Court did not determine whether the allegations in this complaint are true)
LAW OFFICE OF MICHAEL R. VACHON, ESQ.
Michael Vachon, LL.M. (SBN 206447)
17150 Via del Campo, Suite 204
San Diego, California 92127
Tel.: (858) 674-4100
Fax: (858) 674-4222
Attorney for Plaintiff
COUNTY OF LOS ANGELES – NORTHWEST DISTRICT
VAN NUYS COURTHOUSE EAST
|HAGOP NALBANDIAN, an individual,|
KOLBE, INC., a California corporation;
AMERICAN HONDA FINANCE CORPORATION, a California corporation; and
DOES 1 through 75,
|Case No.: 13E02227|
1. VIOLATION OF AUTOMOBILE SALES
2. Plaintiff Hagop Nalbandian is an individual residing in Granada Hills, California.
3. Defendant Kolbe, Inc. is a California corporation that all material times has done business under the name “Kolbe Honda” at 7514 Reseda Boulevard, Reseda, California (hereafter referred to as the “Dealership” or the “Dealer”).
4. Defendant American Honda Finance Corporation is a California corporation. American Honda Finance Corporation is the lender to whom Plaintiff’s purchase contract for the Honda Accord was assigned by Kolbe Honda. Accordingly, all claims and defenses that Plaintiff can maintain against Kolbe Honda arising out of the Honda Accord’s purchase can also be maintained against American Honda Finance Corporation.
5. Plaintiff does not know the true names and capacities, whether corporate, partnership, associate, individual, or otherwise, of defendants sued herein as Does 1 through 75, inclusive, and thus names them under the provisions of Section 474 of the California Code of Civil Procedure. Defendants Does 1 through 75 are in some manner responsible for the acts set forth herein, and are legally liable to Plaintiff. Plaintiff will set forth the true names of the fictitiously-named defendants together with appropriate charging allegations when ascertained.
6. All acts of corporate employees were authorized or ratified by an officer, director, or managing agent of the corporate employer.
7. Plaintiff alleges as follows, on information and belief, formed after an inquiry reasonable under the circumstances:
8. On or about August 29, 2011, Plaintiff visited Kolbe Honda shopping for a new car. Kolbe Honda showed Plaintiff that certain 2008 Honda Accord with vehicle identification number 1HGCS12358A020093 (the “Honda Accord”). Plaintiff agreed to purchase the Honda Accord.
9. Kolbe Honda prepared the contract for Plaintiff’s purchase of the Honda Accord (the “Contract”). The Contract (which Kolbe Honda prepared, and which Plaintiff signed) did not accurately state the true amount paid to public officials for vehicle license fees. The Contract also did not accurately state the true amount of registration, transfer, and titling fees.
10. Kolbe Honda represented to Plaintiff both orally and in writing that the Contract was a legally enforceable agreement that required Plaintiff to make the payments listed therein.
11. In reliance upon Kolbe Honda’s representations, Plaintiff made payments required by the Contract towards the Honda Accord.
12. Kolbe Honda assigned the Contract to Defendant American Honda Finance Corporation.
Violation of Automobile Sales Finance Act
(Against All Defendants)
13. Plaintiff hereby incorporates by reference the allegations in Paragraphs 1 through 12.
14. The purchase contract for the Honda Accord is a conditional sale contract subject to the ASFA.
15. Kolbe Honda is a “seller” under the ASFA.
16. Plaintiff is a “buyer” under the ASFA.
17. The Honda Accord is a “motor vehicle” under the ASFA.
18. Civil Code Section 2982 requires all motor vehicle purchase contracts that are subject to the ASFA to accurately state (1) the true amount paid to public officials for vehicle license fees, and (2) the true amount paid to public officials for registration, transfer, and titling fees. Kolbe Honda violated Civil Code Section 2982 failing to disclose and state in the Contract both (1) the true amount paid to public officials for vehicle license fees, and (2) the true amount paid to public officials for registration, transfer, and titling fees.
19. Kolbe Honda’s violations Civil Code Section 2982 were intentional.
20. Because of Kolbe Honda’s failure to comply Civil Code Section 2982 the purchase contract for the Honda Accord is not enforceable, and Plaintiff is entitled to rescission of the contract and restitution of all amounts paid towards the Honda Accord’s purchase.
21. Plaintiff is also entitled to incidental and consequential damages, and his attorney’s fees, costs, and out-of-pocket expenses.
Plaintiff prays for judgment as follows as appropriate for the particular causes of action:
1. For rescission of Plaintiff’s purchase contract for the Honda Accord, and restitution from Kolbe
Honda and American Honda Finance Corporation in the amount of $22,343.20;
2. For general damages in an amount as proven at trial;
3. For pre judgment interest;
4. For attorney’s fees, costs of suit, and out-of-pocket litigation-related expenses; and
5. For such other and further relief as the Court deems just and proper under the circumstances.
LAW OFFICE OF MICHAEL R. VACHON, ESQ.
Attorney for Plaintiff Hagop Nalbandian
Date: March 15, 2013 Michael Vachon, LL.M.