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My first column for the Town Crier involved a free latte. This one, oddly, concerns food, too. I recently received an inquiry from a client I last worked with in 2010. While I handle more than 100 cases per year and cannot remember all facts, names and faces, this client stood out.
Her car had a leaky sunroof that caused problems each time it was washed. An attorney in Southern California agreed to help her. The agreement she signed with him was onerous and bordered on unethical. He then promptly allowed her statute of limitations to expire, prior to telling her that he could not help her.
My heart went out to her, sucker that I am, and I decided that because I obviously could not get paid on the matter, then I must prioritize her case. I set out to figure out how to help her. I sent a demand letter that threatened a lawsuit. Legally, none was possible, but I thought it may be worth a shot to at least get the dealership’s attention.
The dealer subsequently lawyered up, and I received a letter from a very professional fellow with offices on El Camino Real in Mountain View. The note made it clear that our claims were baseless and they would defend vigorously. I felt that the claims were not baseless but rather timed-out.
We spoke and the dealer agreed to inspect my client’s sunroof. This is another example of how being on good terms with an adversary makes a whole lot of sense. The dealer found that the drainage system on the sunroof was clogged with leaves and sticks. They cleaned it out – problem solved. The client never forgot me, and I did not forget her.
Law and lumpia
Fast forward to last week, when she reached out to my office via phone and email. My former client stated that she never had another problem with her prior car, but she was now going through a very uneasy transaction with the purchase of a used car from a dealer. She said she felt that she was being taken advantage of, but she could not fully place her finger on how or why.
I asked to review her documents, and she had only one. When was the last time a car dealer only had you sign one document?
Of course, this was not the case. The dealer only gave her one, unlawfully. We asked the finance company, Capital One, to provide all documents. There were forgeries and missing paperwork. She wanted out of the deal. Legally, she is entitled to do so.
In the real world, it is unclear how it will all play out. I ghost-wrote a letter she sent to the dealer, revoking her acceptance of the vehicle and demanding a refund of her down payment.
Only time will tell if the dealer simply agrees or chooses to continue trying to get one over on my client.
Where does the food come in? My client is from the Philippines and makes a mean lumpia, a stuffed savory snack similar to a blintz or egg roll. She brought enough by last week to feed an army.
Luckily, my staff is growing, so we were able to consume it all. When I know more about this one, I’ll update you. For now, hopefully, she’s out of the scam and moved on from this potential headache, while I was able to enjoy an unusual meal and avoid a stomachache.
Scott Kaufman is a consumer-protection attorney who founded California Lemon Lawyers in 2003. For more information, call (408) 727-8882 or visit his office at 140 Third St., Los Altos.
