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Borgi v. West Covina Motors, Inc., B195738

In a suit alleging concealment, unjust enrichment, false advertising and violation of the Consumers Legal Remedies Act (CLRA) by an auto dealer who sold plaintiff a damaged and repaired vehicle as new, judgment rescinding the purchase contract and awarding restitution, costs, and fees is affirmed in part and reversed in part where: 1) damage to a new automobile in a dealer's inventory does not necessarily strip the vehicle of its status as "new" under the CLRA; but 2) the jury was improperly instructed on the safe-harbor provisions of the Vehicle Code.

Appellate Information

  • Decided 09/24/2008
  • Published 09/24/2008


  • FLIER, J.


  • California Court of Appeal


  • For Appellant:
  • Manning, Leaver, Bruder & Berberich and Halbert B. Rasmussen, Los Angeles, for California New Car Dealers Association as Amicus Curiae.

  • For Appellees:
  • Oldman, Cooley, Sallus, Gold, Birnberg & Coleman, Ron Gold;  Law Offices of Norman Hoffman and Norman Hoffman, Los Angeles, for Defendants and Appellants., Dumbeck & Dumbeck, Jason D. Dumbeck and Curtis M. King, Vista, for Plaintiff and Respondent.
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