San Diego lemon law attorney Michael R. Vachon, Esq. announces the filing of a lawsuit in the Los Angeles County Superior Court against the car dealership “West Covina Toyota” (Los Angeles County Superior Court Case No. KC063172). The lawsuit alleges that the Defendant, West Covina Toyota (which operates the popular new and used car dealership by the same name in West Covina, California) illegally backdated the vehicle purchase contract of the Plaintiff, Mr. Enrique Cervantes. The Plaintiff is a San Bernardino, California vehicle owner who is being represented in this lawsuit by the San Diego lemon law attorney who publishes this blog.
Non-California Lemon Law Causes of Action Alleged Against West Covina Toyota
The Plaintiff’s San Diego lemon law lawyer has alleged in the complaint that Mr. Cervantes purchased a 2011 Toyota Tacoma from West Covina Toyota on September 4, 2010, and that the West Covina, California car dealership subsequently delivered a notice to Mr. Cervantes stating that West Covina Toyota was canceling and rescinding the Toyota Tacoma’s purchase due to the fact that West Covina Toyota was unable to assign the contract to lender who would finance the deal. The Complaint further alleges that Mr. Cervantes subsequently went back to West Covina Toyota, and while there executed another purchase contract (with an increased rate of interest) for the purchase of the same vehicle. Finally, Mr. Cervantes’s Complaint alleges that West Covina Toyota backdated this second purchase contract to September 4, 2010, instead of dating on the day it was actually signed.
While backdating vehicle purchase contracts does not technically violate the California lemon law (which typically involves allegations that a manufacturer was unable to repair a vehicle), backdating violates California’s Automobile Sales Finance Act (as well as other California consumer protection statutes) because it tricks car buyers into being charged for paying for undisclosed pre-consummation interest. Mr. Cervantes’s San Diego, California lemon law attorney alleges that as a result of West Covina Toyota’s backdating of the Toyota Tacoma’s contract the contract is unenforceable and Mr. Cervantes is entitled to rescind the contract and get a full refund.
Backdating of vehicle purchase contracts is actually one of the more common forms of auto fraud that San Diego lemon law lawyer Michael R. Vachon, Esq. frequently prosecutes.
San Diego Lemon Lawyer’s Complaint Alleges West Covina Toyota Engaged in Illegal Business Practice
The Complaint in the Cervantes v. West Covina Toyota lawsuit asserts that Mr. Cervantes was not the only victim of the West Covina Toyota’s backdating. Specifically, the Complaint alleges that West Covina Toyota is engaged in an illegal practice of backdating vehicle contracts, and that Mr. Cervantes was one of many backdating victims. Accordingly, the Complaint seeks an injunction against West Covina Toyota, which would be ordered by the Los Angeles County Superior Court, and which would prohibit West Covina Toyota from backdating future vehicle purchase contracts.
Court Has NOT Yet Determined the Merits of San Diego Lemon Lawyer’s Allegations
The Court in the Cervantes v. West Covina Toyota lawsuit has not yet determined if West Covina Toyota is liable for any wrongdoing or whether the dealership committed any illegal conduct whatsoever. The Defendants is expected to deny all wrongdoing when it answers.
San Diego Lemon Law Lawyer Wants to Contact Other West Covina Toyota Customers
San Diego lemon law lawyer Michael R. Vachon, Esq. is currently attempting to locate and communicate with other West Covina Toyota customers. The lemon law attorney wants to gather information and evidence supporting the allegations in this lawsuit claiming that West Covina Toyota has a business practice of backdating vehicle purchase contracts.
If you bought a vehicle from West Covina Toyota at any time since February 17, 2008, then please call San Diego lemon law lawyer Michael R. Vachon, Esq. at within (858) 674-4100.
You will be helping the Court get to the truth in the Cervantes v. West Covina Toyota lawsuit, and you can also find out whether West Covina Toyota backdated your purchase contract, violated the California lemon law, or committed any other type of auto fraud or wrongdoing.
- Return to San Diego Lemon Law Lawyer Home Page