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Hall of Shame

Rodriguez v. AutoNation Honda Fremont, et al.

January 26, 2017

Rosner, Barry  & Babbitt, LLP, prevailed at arbitration against AutoNation Honda Fremont and Santander Consumer USA, Inc. The arbitrator determined AutoNation Honda Fremont misrepresented the subject vehicle’s accident history and failed to disclose its status as a rental vehicle prior to sale. The arbitrator awarded our client rescission.

Treskunoff v. Folsom Lake Toyota, et al.

January 26, 2017

Rosner, Barry  & Babbitt, LLP, prevailed at arbitration against Folsom Lake Toyota and Wells Fargo Dealer Services. The arbitrator awarded our client rescission due to Folsom Lake Toyota’s failure to provide a completed inspection report prior to selling a Certified Pre-Owned vehicle. The arbitrator found Wells Fargo Dealer Services, as the holder of the purchase contract,.. read more

Azimi v. Pacific Nissan, et al.

January 26, 2017

Rosner, Barry  & Babbitt, LLP, prevailed at arbitration against Pacific Nissan. The arbitrator determined Pacific Nissan violated the Automobile Sales Finance Act by including optional items into the cash price of the vehicle on the purchase contract. The arbitrator awarded our client rescission and prejudgment interest.

Bassi v. Santa Fe Auto Group/Veros Credit

Type: Fraud
January 9, 2017

Rosner, Barry  & Babbitt, LLP, prevailed at arbitration against Santa Fe Auto Group and Veros Credit. The arbitrator determined Santa Fe misrepresented the vehicle’s condition, overcharged Vehicle License Fees, and improperly disclosed a deferred down payment on the purchase contract. The arbitrator awarded our client rescission and incidental damages.  Veros Credit, as the holder of client’s contract, was.. read more

Crowley v. Benz Boyz

Type: Fraud
November 14, 2016

California dealer sold the Vehicle to Client in Montana with significant cosmetic and mechanical problems and failed to deliver the tile for several months.  Pursuant to a settlement agreement, Dealer repurchased the vehicle and refunded the cost to ship the vehicle back to California.

Kim v. Premium Finance

Type: Fraud
November 8, 2016

Client was told the vehicle had been inspected and was in good condition.  The vehicle actually had several leaks, and needed new brakes and sensors.  Premium Finance also advertised a 3 month warranty and then failed to provide it at the time of sale.

Duarte v. Ontario Volkswagen

Type: Fraud
September 29, 2016

Rosner, Barry & Babbitt, LLP has settled a case which required Ontario Volkswagen to buyback the subject vehicle. Our clients were sold a vehicle that had 2,000 miles on the odometer but the engine came from a salvaged vehicle with over 112,000 miles on it.  The replacement engine was discovered 36,000 miles later.  Ontario Volkswagen also failed to.. read more

Seymour v. American Dream Auto Sales – Settled

Type: Fraud
August 16, 2016

Clients were not told the vehicle had accident and frame damage at the time of purchase.  American Dream Auto Sales also overcharged license fees and failed to refund the overcharge.

Thorns v. Colmex Auto Sales – Settled

Type: Fraud
August 16, 2016

Client purchased a vehicle that had not passed smog.  Colmex Auto Sales also failed to repair the items on the Due Bill.

New Suit Against John L. Sullivan Chevrolet and General Motors

August 5, 2016

Rosner, Barry & Babbitt filed a new case against John L. Sullivan Chevrolet and General Motors.  In the lawsuit we allege John L. Sullivan Chevrolet improperly certified a wrecked vehicle, and lied about the accident when asked by our clients prior to sale. We also allege General Motors failed to provide any oversight and allowed John.. read more

Douglas v. John Johnsons Cars; Fuentes Auto Sales, Inc.; Navy Federal Credit Union

Type: Fraud
July 19, 2016

Rosner, Barry & Babbitt, LLP has successfully settled a claim involving two dealerships and a credit union that collectively sold client a vehicle and failed to provide the title.  After purchase, the bank continued to demand monthly payments for the vehicle while knowing that title had not been provided and that Fuentes Auto Sales was.. read more

Dykes v. Imports Auto Outlet

Type: Fraud
June 30, 2016

Client was not told the vehicle was reported as a total loss even though the dealer had actual knowledge of the report.  The settlement required the dealer to repurchase the vehicle, pay $11,750 in punitive damages, and the following injunction: Defendant Mutual Goal, Inc., dba Imports Auto Outlet, shall, for any vehicle which Mutual Goal,.. read more

Gonzalez v. Toyota Motor Sales U.S.A., Inc., dba Lexus

Type: Lemon
June 7, 2016

Settled claim involving a 2014 Lexus IS 250.

Nissan Pathfinder Transmission Problems

Type: Lemon
May 19, 2016

Nissan is preparing to accept one of our client’s vehicles.  The Auto Fraud Legal Center recently filed a case in Riverside County Superior Court alleging that our client’s Nissan Pathfinder had a defective transmission.  The transmission caused the vehicle to judder on acceleration, shudder on acceleration, and hesitate.  After Nissan replaced the transaxle assembly, the.. read more

NEW CASE FILED AGAINST GARDEN GROVE KIA

Type: Fraud & Lemon
May 19, 2016

Rosner, Barry & Babbitt has filed a new case against Ford Motor Company and Garden Grove Kia.  In the lawsuit we allege that Ford Motor Company’s warranty it provided on a 2012 Ford Focus, equipped with a Dual Power Shift Transmission, is deceptive. Ford’s warranty covers defects in design.  See, Daniel v. Ford Motor Company,.. read more