NICHOLAS S. SCAFFIDI, Plaintiff, v. UNITED NISSAN, a Nevada corporation; NISSAN MOTOR ACCEPTANCE CORPORATION, a California corporation; and DOES 1 through 20, inclusive, Defendants. NICHOLAS C. SCAFFIDI, Plaintiff, v. UNITED NISSAN, a Nevada corporation; NISSAN MOTOR ACCEPTANCE CORPORATION, a California corporation; and DOES 1 through 20, inclusive, Defendants. FORMAN AUTOMOTIVE, INC., dba UNITED NISSAN, Third-Party Plaintiff, v. NICHOLAS S. SCAFFIDI, Third-Party Defendant., 425 F. Supp. 2d 1172

Summary

The consumer claimed that the dealer sold the car without disclosing major structural damage that the car had sustained and refused to honor warranties that covered the contract. The consumer also alleged that defendants did not honor his legal recission of the contract and committed fraud in connection with the sale and financing of the car. The dealer asserted that there was no express or implied warranties. The consumer was involved in an accident with the car. The car was a "total loss" and was sold for scrap. The court found that the consumer conceded or admitted that he had no cause of action under the numerous claims he asserted. The Magnuson-Moss Warranty Act did not apply because there was no warranty that existed. The statute of limitations had expired on the Truth in Lending Act claim. There was no evidence that the dealer obtained, used, or took an adverse action against the consumer's credit report. Because the car no longer existed, the contract could not be rescinded. ...