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Lopez v. Asbury Fresno Imports, LLC

California Court of Appeals, Fifth District

February 6, 2015

GREGORIO LOPEZ et al., Plaintiffs and Appellants,
v.
ASBURY FRESNO IMPORTS, LLC, Defendant and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION[*]]

APPEAL from a judgment of the Superior Court of Fresno County No. 09CECG03603 Mark Wood Snauffer, Judge.

Page 72

[Copyrighted Material Omitted]

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COUNSEL

Pritchard and Kay and M. Gregg McKerroll for Plaintiffs and Appellants.

Dowling Aaron Incorporated, Lynne Thaxter Brown and James D. Burnside for Defendant and Respondent.

OPINION

DETJEN, J.

Plaintiffs appeal from the judgment entered against them after a court trial in an action alleging various violations of consumer protection statutes. We conclude the trial court correctly determined the alleged violations did not constitute violations of the consumer protection statutes invoked, or plaintiffs failed to comply with the statutory prerequisites to recovery. Therefore, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs and appellants, Gregorio and Dominga Lopez, were born in Mexico and have lived in the United States since 1988. They do not speak or read English well. When he was about 11 years old, their son David began to help Gregorio with his farm labor contracting business, translating for him and setting up deals.[1] Plaintiffs told David they would buy him a car because of his help with the business, so, when David was 16, they all went to Mercedes Benz of Fresno, a Mercedes Benz dealership then owned by defendant and respondent, Asbury Fresno Imports, LLC, to look at a car David liked. They spoke with a Spanish-speaking salesman. The cars the dealership had on the lot did not have the navigation system David wanted; the salesman told the Lopezes the car David wanted would have to be ordered from out of state and it would take a couple of weeks. On March 31,

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2007, plaintiffs learned the car had arrived at the dealership, but the Spanish-speaking salesman was not available. They called David to meet ...


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