Recent Case

Kalmbach v. Victory Toyota and Toyota Motor Sales, U.S.A., Inc. – Monterey County

New case filed against Victory Toyota in Seaside and Toyota Motor Sales, U.S.A., Inc. over the sale of a Certified Used Vehicle (“CPO”) 2013 Toyota Highlander. Our client alleges Victory Toyota (1) advertised the Vehicle as a Toyota CPO when the Vehicle did not actually pass Toyota’s certification standards; (2) misrepresented the Vehicle’s accident and damage history; (3) sold the Vehicle as a Toyota CPO without disclosing known defects to the Vehicle; (4) violated Vehicle Code §11713.18; (5) used CarFax in a deceptive and fraudulent manner; (6) represented that the Vehicle came with a 12 month / 12,000 mile comprehensive warranty which was in fact void, or partially void; and (7) represented that the Vehicle came with a 7 year / 100,000 mile powertrain warranty which was in fact void, or partially void. Our client alleges Toyota Motor Sales, U.S.A., Inc. (1) advertised that Toyota is involved in certifying vehicles under the Toyota CPO program when it is not; (2) falsely advertised that “only the best of the best vehicles receive the Toyota Certified Seal of approval;” (3) falsely advertised that Toyota Motor Sales, U.S.A., Inc. will tell consumers the history of Toyota CPO vehicles; (4) falsely advertised that Toyota dealerships will tell consumers the history of Toyota CPO vehicles; (5) falsely advertised that the technicians inspecting Toyota CPO vehicles are “Toyota factory-trained technicians;” (6) falsely advertised that the technicians reconditioning Toyota CPO vehicles are “Toyota factory-trained technicians;” (7) falsely advertised that Toyota Motor Sales, U.S.A., Inc. requires Toyota dealerships to inspect the appearance of vehicles under the Toyota CPO program; (8) falsely advertised that Toyota Motor Sales, U.S.A., Inc. requires Toyota dealerships to inspect the frame/unibody for damage under the Toyota CPO program; (9) allowed Victory Toyota to certify the Vehicle; (10) violated Vehicle Code §11713.18(a); (11) failed to require Victory Toyota to complete a certification inspection that complied with the Toyota CPO requirements; (12) induced consumers into believing they are purchasing a high-quality vehicle based on its Toyota CPO designation; (13) allowed Toyota dealers to sell wrecked and damaged vehicles as certified; (14) Failed to train Toyota dealers on how to certify vehicles under Toyota’s CPO program; (15) represented that the Highlander came with a 12 month / 12,000 mile comprehensive warranty which was in fact void, or partially void; and (16) represented that the Vehicle came with a 7 year / 100,000 mile powertrain warranty which was in fact void, or partially void.

If you bought a CPO and think you were cheated, please contact Rosner, Barry & Babbitt’s Auto Fraud Legal Center for a FREE evaluation of your case.

Kieffer v. Rahim Majid Hassanally and Momentum Chrysler Dodge Jeep Ram– Solano County

New case against Rahim Hassanally, Momentum, and Capital One, National Association over the sale of a 2012 Jeep Compass. Our client alleges Rahim Hassanally and Momentum (1) represented that it had title and could legally sell the Vehicle; (2) sold the Vehicle without title; (3) failing to convey title to the Vehicle; and (4) misrepresenting the Vehicle’s rental history. Our client alleges Capital One (1) misrepresented its affiliation, connection, and/or association with Momentum; and (2) misrepresented its liability for Momentum’s misconduct as a Holder of the RISC.

If you bought a car and think you were cheated, please contact Rosner, Barry & Babbitt’s Auto Fraud Legal Center for a FREE evaluation of your case.