SANTA ANA – A La Habra man alleges a Buena Park car dealership misrepresented a BMW he purchased.
Anthony Damiani filed a complaint on Nov. 23 in the U.S. District Court for the Central District of California against CarMax Auto Superstores California LLC and Does 1-10 alleging breach of contract, fraud and deceit, negligent misrepresentation, and violations of the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, and the Unfair Competition Law.
According to the complaint, the plaintiff alleges that he was enticed to purchase a vehicle from CarMax because of its advertisement and guarantee that the vehicle was "certified," as attested by one of its agents who claimed that all of their vehicles had to pass through rigorous testing and 125-point inspection. The plaintiff holds CarMax Auto Superstores California LLC and Does 1-10 responsible because the defendants allegedly deceived plaintiff by passing off vehicle as certified, failed to provide prior to sale a completed inspection report, and sold an unmerchantable vehicle to plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, general damages, incidental and consequential damages, punitive and statutory damages, rescission, equitable and injunctive relief, interest, attorney's fees, costs of suit and further relief as the court deems just. He is represented by Gregory T. Babbitt of Rosner, Barry & Babbitt LLP in San Diego.
U.S. District Court for the Central District of California Case number 16-cv-02108