LOS ANGELES – A Van Nuys resident is seeking the rescission of a vehicle's sales contract over allegations the vehicle she purchased was falsely represented as certified.
Maria Nolette filed a complaint on Dec. 20 in the U.S. District Court for the Central District of California against CarMax Auto Superstores California LLC and Does 1 through 10 citing the Consumers Legal Remedies Act, fraud and other counts.
According to the complaint, the plaintiff alleges that she purchased a 2008 Ford Edge from the defendants' Burbank location in 2014. The plaintiff holds CarMax Auto Superstores California LLC and Does 1 through 10 responsible because the defendants allegedly informed the plaintiff that the vehicle is "certified" without providing a completed inspection report. She alleges the vehicle was not certified and that it had transmission problems.
The plaintiff requests a trial by jury and seeks general damages, restitution and rescission of the purchase contract, incidental and consequential damages, punitive and statutory damages, interest, all legal fees and any other 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 2:16-cv-09399-DSF-SS