Gutierrez v. Klass Motors


On January 14, 2018, our client purchased a 2006 Dodge Ram SRT-10. He alleges he was misled by the seller, Klass Motors in Santa Ana. So he came to the Auto Fraud Legal Center for help.

Before purchasing the truck, our client alleges that he took the 2006 Dodge Ram for a test drive and after the test drive told the salesperson that there was a noise coming from the engine. He further alleges that he asked the Klass Motors salesperson, about both the noise and the running condition of the 2006 Dodge Ram SRT-10. Our client alleges the salesperson expressly represented to him that the noise was normal,the Dodge Ram Truck ran very well, and the noise was because it had a big engine.

Our client was given a Buyer’s Guide that stated the truck was sold “As-Is.” However, he alleges that when he was led to Klass Motors finance office, as part of the finance presentation, and in order to induce him to purchase the Dodge Ram SRT-10, the Klass Motors informed him that that Ram truck “came with” an “extended warranty” that would cover the powertrain. The lawsuit by the Auto Fraud Legal Center also alleges that Klass Motors advertises its vehicles are “ . . . all . . . available with extended warranties.” California law, when speaking of automobile warranties, states “It is not necessary to the creation of an express warranty that formal words such as ‘warrant’ . . . be used, but if such words are used, then an express warranty is created.” Civil Code § 1791.2(b).

Despite representing to our client that he was receiving an extended warranty with his Dodge Ram SRT-10 it is alleged that Klass Motors instead “packed” a third-party service contact into the sale contract at a price of $2,500. Our client further alleges that after purchasing the Ram truck, Plaintiff continued to hear the engine noise he had heard on the test drive at the Klass Motors. Believing that his Dodge Ram was covered under an extended warranty, our client took the 2006 Dodge Ram SRT-10 to an authorized Dodge repair facility, Glenn E. Thomas, in Signal Hill, where our client learned he did not have an extended warranty, but a service contract from a third-party service provider, Safe-Drive. Safe-Drive inspected the Dodge Ram, but refused to pay for any repairs stating that the defects with the engine were “pre-existing” at the time of sale

If you believe Klass Motors in Santa Ana, or any other automobile dealership has mislead you about the mechanical condition or body condition of a truck, SUV or car you purchased, please contact Rosner, Barry & Babbitt’s Auto Fraud Legal Center will provide you with a FREE evaluation of your situation. Let us put over 30 years of experience with car dealers, to work for you.