SAN DIEGO, CA, November 22, 2011 (Press-News.org) California lemon law attorney Michael R. Vachon, Esq. has filed a lawsuit in the California Superior Court for the County of San Diego alleging that Mossy Automotive Group, Inc. (a San Diego, California car dealership that operates under the name "Mossy Toyota") has an illegal practice of inserting double charges into vehicle lease contracts. The lawsuit alleges that this practice amounts to common law fraud, and violates California's consumer protection statutes. The lawsuit also alleges violations of the California lemon law. The Plaintiff seeks monetary damages and an injunction. The case is titled Massaro v. Toyota Motor Sales, U.S.A., Inc., et al., San Diego Superior Court Case No. 37-2011-00099236 (Hall of Justice Courthouse).
The lawsuit 's complaints against Mossy Toyota allege that on June 11, 2011 Mr. Massaro (a San Diego, California resident) went to Mossy Toyota, and while there agreed to lease a 2011 Toyota Tundra. It further alleges that Mossy Toyota then prepared the lease documentation utilizing a standard form motor vehicle lease agreement that was complicated and difficult for laypersons to understand. Most importantly, the lawsuit also alleges that, unknown to Mr. Massaro, his lease contract contained two charges each for the California Tire Fee and Optional DMV Electronic Filing Fee. In other words, the lawsuit alleges that while the total for these two charges should have been $37.75, Mr. Massaro actually paid $75.50 because he was "double charged" for each of these items. The lawsuit further alleges that Mr. Massaro is not the only victim of this double-charging, and that Mossy Toyota has an illegal practice of inserting these types of double charges into vehicle lease contracts. Although this alleged practice does not violate the California lemon law's rules, Mr. Massaro, through his attorney California lemon law lawyer Michael R. Vachon, Esq. alleges that it amounts to fraud and violates California's Consumers Legal Remedies Act. The lawsuit also alleges that Mossy Toyota breached the California lemon law's implied warranty of merchantability by selling him a vehicle with structural damage to the driver's side door.
Finally, the lawsuit asserts a traditional California lemon law claim against Toyota Motor Sales, U.S.A., Inc., alleging that the Toyota Tundra is a sour, yellow lemon because it suffers from defects that Toyota was unable to repair within a reasonable number of attempts, thereby entitling Mr. Massaro to a California lemon law buyback. The lemon law cause of action further requests a civil penalty based on allegations that Toyota willfully violated the California lemon law's requirements.
California Lemon Law Attorney Looking for Other Mossy Toyota Customers
The California lemon lawyer representing Mr. Massaro is looking for and attempting to contact other customers who leased vehicles from Mossy Toyota, in order to gather evidence and information for this legal action. If you recently leased a vehicle from Mossy Toyota, please call California lemon law attorney Michael R. Vachon, Esq. at (858) 674-4115. If you wish, in addition to providing valuable information, you can speak to an expert lemon law lawyer who can tell you if Mossy Toyota violated the California lemon law's rules in your lease contract.
Finally, please be advised that this is an ongoing legal action. The California Superior Court has not yet determined whether Mr. Massaro's allegations are true or have legal merit, and Mossy Toyota and Toyota have denied all liability in this case.
The Law Office of Michael R. Vachon, Esq. also accepts California lemon law cases in Los Angeles, San Francisco, Sacramento, Orange County, Eureka, the Bay Area, and anywhere else in the Sunshine State.
California lemon law attorney Michael R. Vachon, Esq. represents consumers throughout California in California lemon law and auto fraud lawsuits against car dealerships and vehicle manufacturers. The Law Office of Michael R. Vachon, Esq. offers FREE consultations in California lemon law and auto fraud cases. Call (858) 674-4115 to learn about your rights under the California lemon law, and to find out whether you qualify for a lemon law buyback or monetary compensation!
Website: http://www.californialemonlaw-lawyers.com
California Lemon Law Attorney Files Suit Against Mossy Toyota of San Diego, California
Mossy Toyota sued by California lemon law attorney for allegedly violating the California lemon law's rules and including double charges in consumer vehicle lease contracts. The lawsuit also seeks a California lemon law buyback from Toyota.
2011-11-22
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[Press-News.org] California Lemon Law Attorney Files Suit Against Mossy Toyota of San Diego, CaliforniaMossy Toyota sued by California lemon law attorney for allegedly violating the California lemon law's rules and including double charges in consumer vehicle lease contracts. The lawsuit also seeks a California lemon law buyback from Toyota.