Pacheco vs Vistacal Luxury Imports Inc

Case No.: 37-2018-00012371-CU-CO-NC    

The motion of Defendant BMW of North America, LLC ("BMW") Vista ("VistaCal") for summary judgment or summary adjudication is granted.

First cause of action for violation of the Consumers Legal Remedies Act ("CLRA"). The first cause of action alleges that Defendant violated the CLRA by "(1) misrepresenting and/or omitting material facts regarding the prior accident history of the Vehicle, prior to the sale to Plaintiffs; (2) selling an unmerchantable vehicle; (3) misrepresenting the Vehicle had not been involved in an accident prior to Plaintiffs' purchase; (4) advertising and selling the Vehicle as "certified," in violation of Vehicle Code § 11713.18(a); and (5) failing to provide a certification inspection report as required by Vehicle Code § 11713.18(a)(6)." FAC, ¶ 62.

"The [CLRA] proscribes specified "unfair methods of competition and unfair or deceptive acts or practices" in transactions for the sale or lease of goods to consumers. (Civ. Code, § 17........