Fletcher Jones Motorcars Appeals Arbitration Loss To Orange County Lemon Law Attorney

SAN DIEGO, CA, December 19, 2011

On December 13, 2011, Michael R. Vachon, Esq., a California lemon law attorney practicing in Orange County, California filed the Respondent's Brief in the Orange County Court of Appeals case Lewis v. Fletcher Jones Motorcars, Inc., et al. (Appellate Case No. Case No. G045603). At issue in the appeal is whether Orange County Superior Court Judge Thierry P. Colaw was correct in denying Fletcher Jones Motorcars's July 22, 2011 motion to compel arbitration. Arbitration is a form of private litigation, in which the parties agree to have their dispute settled by an "arbitrator" (typically a retired judge or attorney) rather than in court.

Ms. Lewis's Complaint Against Fletcher Jones Motorcars

Fletcher Jones Motorcars's legal dispute with Ms. Lewis arises out of her 2006 lease of a new Mercedes E350 from the Fletcher Jones Motorcars dealership in Orange County, California. Specifically, she alleges that when she went to Fletcher Jones in 2006 to shop for a vehicle, she could not afford and no lender would have approved her lease of such an expensive new car. Ms. Lewis's complaint goes on to allege that Fletcher Jones Motorcars falsified portions of her lease documents in order to trick a lender into the financing the lease, resulting in her being ensnared in a predatory lease that she could not afford, and for which she would not have qualified but for Fletcher Jones's falsification of portions of the lease agreement.

Ms. Lewis's Orange County lemon law attorney, Michael R. Vachon, Esq., whose law firm specializes in suing car dealers and manufacturers under the lemon law, California unfair business practices statutes, and consumer protection statutes, says that car dealership falsification of vehicle lease and purchase contracts appears to have drastically increased. He says that the slow economy and tighter credit markets have made this practice all too common in the past year. In Mr. Lewis's lawsuit against Fletcher Jones Motorcars, he contends that Fletcher Jones's conduct violated California's Vehicle Leasing Act, and that as a result Ms. Lewis is entitled to rescind the car's lease and get her money back. The rescission remedy she seeks is a legal remedy roughly equivalent to a lemon law buyback, even though Ms. Lewis's lawsuit was not filed under the California "lemon law" (which typically involves a manufacturer's inability to fix problems with an automobile that is still under warranty). Ms. Lewis's Orange County lemon law lawyer also contends that she is entitled to rescind the lease contract because Fletcher Jones violated the "single document rule" in California's Vehicle Leasing Act, which requires that all agreements between a consumer and a car dealership relating to a lease be contained in a single written lease agreement.

Orange County Trial Court Denied Fletcher Jones Motorcars's Arbitration Motion

On July 22, 2011, Fletcher Jones Motorcars filed a motion in the Orange County Superior Court, asking it to force Ms. Lewis to arbitrate her claims against Fletcher Jones Motorcars, based on the fact that the reverse side of Ms. Lewis's lease agreement contained a clause stating that Ms. Lewis was giving up her right to sue Fletcher Jones Motorcars in court, and agreeing to arbitrate any California lemon law or other legal disputes she had with the Newport Beach, California dealership.

Ms. Lewis's Orange County lemon law attorney opposed the motion, arguing that (1) Fletcher Jones Motorcars had waived the right to compel arbitration by previously bringing multiple motions in the trial court asking it to dismiss Ms. Lewis's lawsuit, and (2) that Fletcher Jones Motorcars's arbitration clause was unenforceable because it effectively hindered Ms. Lewis's ability to bring statutory claims against the dealership. In particular, Ms. Lewis's lemon law attorney asked Orange County Superior Court Judge Colaw to strike down the arbitration clause because it forced Ms. Lewis to pay arbitration fees greater than she would have to pay in court, and attempted to prohibit arbitrators from issuing written opinions. Mr. Vachon argued that in California lemon law and consumer protection cases like this, the attempted prohibition on written opinions was intended to permit the arbitrator to disregard California law.

Ultimately, the Orange County Superior Court agreed with Mr. Vachon, denying Fletcher Jones Motorcars motion to compel arbitration.

Fletcher Jones Appeal to the Orange County Court of Appeal Will Cost More Than Arbitration

Ms. Lewis's attorney contends that Fletcher Jones, himself, and all lemon law attorneys in Orange County and elsewhere know that this appeal is going to cost the parties more in legal fees and costs than simply resolving the litigation in court. So why did Fletcher Jones Motorcars appeal? Mr. Vachon contends that this case shows just how unfair the arbitration process can be, and what lengths businesses will go to in order to prevent a consumer from having his or her day in court.

So why do businesses generally favor arbitration, while consumers prefer to litigate their claims in court? Orange County lemon law attorney Vachon says that the answer is related to the quality and amount of "discovery" that you can do in a lawsuit vs. in arbitration. Discovery is the process in a lawsuit (and to a limited extent in arbitration) where parties have to turn over relevant documents to the other side, answer written questions posed by the other side under oath, and submit to depositions. It is the process that lemon law attorneys like Mr. Vachon use to gather the evidence they need to win a lawsuit. And since courts from Massachusetts to Orange County, in lemon law lawsuits, personal injury claims, and all other types of lawsuits require the plaintiff to prove his or her case, less access to discovery means that the defendant businesses are more likely to prevail.

Orange County Lemon Law Lawyer Still Seeking Fletcher Jones Mercedes Customers

In an effort to ensure that Ms. Lewis is able to gather the evidence she needs in her Orange County lawsuit, lemon lawyer Vachon is currently looking for other Fletcher Jones Motorcars customers, who might be willing to tell him about their experiences with Fletcher Jones Motorcars. He is asking any Fletcher Jones Motorcars customers who purchased or leased vehicles from Fletcher Jones Motorcars to call him at (858) 674-4115, so that he can determine whether Fletcher Jones falsified portions of their lease or purchase contract.

You can click here to read a blog detailing Ms. Lewis's Orange County lemon law attorney's legal battles with Fletcher Jones Motorcars.

Orange County, California lemon law attorney Michael R. Vachon, Esq. represents consumers in Orange County and 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