FRESNO – A New York resident alleges a vintage pickup truck he purchased from a Fresno seller through eBay was delivered in complete disrepair.
Jim Boniello filed a complaint on Oct. 2 in the Fresno County Superior Court against Angelo Esquivel, individually and doing business as Golden State Classics, and Does 1-50 alleging breach of contract and other counts.
According to the complaint, the plaintiff purchased a 1950 Chevrolet pickup truck on eBay from the defendants in October 2017 for the winning bid of $20,100. The suit states the defendants' eBay listing stated that the truck had a "strong engine" and the plaintiff paid the defendants an additional $8,500 to completely restore the truck.
The suit states the plaintiff paid $2,500 to have the truck shipped to New York from Fresno. The plaintiff alleges the truck was not fully restored and is in a state of complete disrepair. He alleges the truck does not have a parking brake, the doors do not close, the rear leaf springs were not installed, and the engine does not start. The suit states he shipped it back to the defendants and they are no longer responding to his communications.
The plaintiff holds Esquivel and Does 1-50 responsible because the defendants allegedly failed and refused to deliver the vehicle in a condition according to purchase agreement, and failed to fix any issues after being alerted by plaintiff, and failed to return the amount paid for the vehicle.
The plaintiff requests a trial by jury and seeks judgment against defendant for compensatory, punitive and exemplary damages; disgorgement; interest; attorney's fees; and other remedies which the court deems appropriate. He is represented by Alex N. Newsum of McCormick, Barstow, Sheppard, Wayte & Carruth LLP in Fresno.
Fresno County Superior Court case number 18-CECG-03587