The Motion to Enforce Settlement Agreement Pursuant to C.C.P. § 664.6 brought by plaintiff Stacey Morimoto (Plaintiff) is GRANTED. A proposed judgment has been submitted and will be modified and executed.
Background
This is a breach of warranty and fraud action against a vehicle manufacturer, namely, BMW of North America, LLC (Defendant). It is alleged that Plaintiff purchased a used 2014 BMW 750Li sedan in July 2015 for a price of $58,000.00, though there were numerous additional amounts included in the final transaction, including, but not limited to:
--sales tax ($4,646.40),
--a service contract ($5,640.00),
--a second service contract ($5,795.00),
--payoff of a prior loan or lease ($10,004.19), and
--a gap contract ($895.00).
Part of the loan transaction included a down payment of $5,000.00 and a trade-in of a vehicle (valued at $31,500.00) that was underwater (encumbered by a loan balance of $46,504.19). After making that down payment and trading-in that underwater vehicle
Hearing Date
December 05, 2019
Category
Civil - Unlimited
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The Motion to Enforce Settlement Agreement Pursuant to C.C.P. § 664.6 brought by plaintiff Stacey Morimoto (Plaintiff) is GRANTED. A proposed judgment has been submitted and will be modified and executed.
Background
This is a breach of warranty and fraud action against a vehicle manufacturer, namely, BMW of North America, LLC (Defendant). It is alleged that Plaintiff purchased a used 2014 BMW 750Li sedan in July 2015 for a price of $58,000.00, though there were numerous additional amounts included in the final transaction, including, but not limited to:
--sales tax ($4,646.40),
--a service contract ($5,640.00),
--a second service contract ($5,795.00),
--payoff of a prior loan or lease ($10,004.19), and
--a gap contract ($895.00).
Part of the loan transaction included a down payment of $5,000.00 and a trade-in of a vehicle (valued at $31,500.00) that was underwater (encumbered by a loan balance of $46,504.19). After making that down payment and trading-in that underwater vehicle