LOS ANGELES – An Oceanside consumer alleges a dealer did not disclose that a car she purchased had previously been involved in an accident.
Suzette Cook filed a complaint on Nov. 11 in the U.S. District Court for the Central District of California against the CarMax Auto Superstores California LLC and Does 1-10 alleging violation of the Consumers Legal Remedies Act, fraud and other counts.
According to the complaint, the plaintiff alleges that on Nov. 12, 2013, she purchased a 2012 Ford Mustang convertible from the defendant. She alleges the defendant marketed the car as certified and was assured that the vehicle had not been in any accidents or crashes, and was even given an express 30-day warranty. After taking the vehicle in for repairs, she alleges she found out that it had been in an accident a full year before she purchased the vehicle.
The plaintiff holds CarMax Auto Superstores California LLC and Does 1-10 responsible because the defendants allegedly concealed the existence of the prior accident damage, sold a vehicle as "certified" that is in need of substantial repair, and failed to disclose the quality and condition of the vehicle to plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, interest, rescission of the purchase contract, injunctive relief, attorney's fees and costs of suit, and further relief as the court deems just. She is represented by Hallen D. Rosner and David L. Herman of Rosner, Barry & Babbitt LLP in San Diego.
U.S. District Court for the Central District of California Case number 8:16-cv-02051