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  1. #1
    JazzyC89 is offline Junior Member
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    Jun 2011
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    Car Dealership filing appeal in bad faith?

    What is the name of your state (only U.S. law)? California
    OK so this is my first time posting, some please bare with me. A little about whats going on, I recent took a car dealership to court, long story short. They sold me a lemon, the didn't have the care fixed at the when they promised they would. The verbal agreement we made was that I would give them 2,000 up front and take the car on Saturday night bring it back Monday morning and pick it up Monday evening, it would be fixed and I would give them the rest of the money. as you know how the story goes. I go up there Monday evening and its closed, they never call me and when I finally get in contact with them, they tell me I can take the car but to bring it back for them to finish fixing it, at this moment I new it was a scheme to get my money. But as you can see, they refused. So I took them to court and I won my case, the judge seen that they sold me the car without a smog certificate, so I was entitled to me money back. The car dealership lied in court stating that the car was smogged, which I know is untrue because they told me on Monday morning when I dropped it off they were taking it to get smogged. Plus the check engine light was illuminated so it couldn't have passed smog unless they got some doctored up papers on the car. The judge even gave him two weeks after the court date to send in the smog certificate which he did not. Now I receive in the mail today that he is appealing. So my questions are, which this new trial, can I bring up that why the first claim was denied? Because according to Vehicle Code section 24007 in California the dealer must ensure that the vehicle is in safe working condition in order to be driven off the lot. the car had a broken windshield and didn't have a smog certificate. Also I believe that the car dealership is only filing this appeal in bad faith. I am currently pregnant and the defendant know this and when the next court date will be I would be almost due, so I believe this is his way to harass me and his way of wasting time so I wont show for the trial (but I definitely am showing up). Plus he waited until the last day he could file the appeal to file, so this just tells me he is doing it to waste time. How do I prove this? do I just say it. Also I would like to point out, I have mixed connective Tissue Disease, which causes me to have really inflamed joints and gets worst during pregnancy and I should be on bed rest, not stressing and running back and fourth to court over the dealership who has nothing better to do than pray on people. Can I bring this up? because this is causing way too much stress on my pregnancy and even worse with my condition. Also I received a phone call phone call from someone who stated they got my number from a person who used to work at the car dealership and that they did him the same way and he wanted to team up with me to take his business down. I didn't call the guy back, because I feel this is the car dealerships way of harassing me or trying to set me up. Please I need answers.
  2. #2
    Handcoc is offline Member
    Join Date
    May 2011
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    151
    The trial is a de novo trial I assume; then its a brand new trial. You would have to start from scratch.

    Your pregnancy issues are not related to your car issues. You can waste the court's time with this if you wish.

    You should still win.

    The car dealership is not harassing you - they are defending themselves.
  3. #3
    JazzyC89 is offline Junior Member
    Join Date
    Jun 2011
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    Quote Originally Posted by Handcoc View Post
    The trial is a de novo trial I assume; then its a brand new trial. You would have to start from scratch.

    Your pregnancy issues are not related to your car issues. You can waste the court's time with this if you wish.

    You should still win.

    The car dealership is not harassing you - they are defending themselves.
    That was very rude and didn't answer any questions. But have a great day. I pray that God touches your heart and convicts you in your words. My issues are not pregnancy related. And no pregnant women, not even your wife or mother should have to deal with this while she is pregnant let alone battling an illness. Thanks and take care.
  4. #4
    Handcoc is offline Member
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    May 2011
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    151
    I did answer your question. Jesus and me are both fine. You just did not like my bluntness. Its a new trial darling and its the system we have. Be prepared to present your case again...you should win again.

    Don't like the system? Contact your legislature; maybe being sick can be an excuse for a finding in the sick person's favor automatically.

    Your dealings with the dealership is almost near an end; take solace in that.

    You cannot sue for pain & suffering in small claims ... if you wish these monies then file a motion to dismiss without prejudice & re-file in regular court. If not, then proceed with the small claims as expected.

    You did well your first time at bat. Get up to the plate and swing away again.

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