Car buyer alleges seller breached contract

By Jenie Mallari-Torres | Dec 6, 2017

FRESNO — A car seller is suing the buyer of the vehicle, alleging breach of contract, malice, oppression, fraud and intentional infliction of emotional distress.

Oscar Luna filed a complaint Nov. 28 in Fresno County Superior Court against Gilberto Gonzalez and Does 1-10 alleging the defendant breached good faith and fair dealing.

According to the complaint, in September 2012, Luna purchased a 1998 Chevrolet from Gonzalez for $6,500. The suit says starting in November 2014, Luna has suffered severe emotional distress, as a result of the death threats implied by Gonzalez unless Luna returns the vehicle for which he has already paid the defendant. 

The plaintiff alleges Gonzalez repudiated the purchase contract entered into with Luna and demanded the return of the vehicle, contending the Chevy is worth more than the sale price at the expense and detriment of the plaintiff.

Luna seeks trial by jury and punitive damages of $100,000, plus interest. He is representing himself. 

Fresno County Superior Court case number 17-CECG-03909

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