LITHIA MOTORS, INC. v. YOVAN

010895L1; A128045.

204 P.3d 120 (2009)

226 Or. App. 572

LITHIA MOTORS, INC., dba Lithia Toyota, Lincoln, Mercury, Suzuki, Plaintiff-Respondent, v. Shawn S. YOVAN, aka Stefan Shawn Yovan, Defendant-Appellant. Shawn S. Yovan, aka Stefan Shawn Yovan, Counterclaim Plaintiff, v. Lithia Motors, Inc., dba Lithia Toyota, Lincoln, Mercury, Suzuki, Counterclaim Defendant.

Court of Appeals of Oregon.

Resubmitted en banc February 10, 2009.

Decided March 19, 2009.


Attorney(s) appearing for the Case

G. Jefferson Campbell, Jr., Medford, argued the cause for appellant. With him on the briefs was G. Jefferson Campbell, Jr., P.C.

Matthew Sutton argued the cause and filed the brief for respondent.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, and SERCOMBE, Judges.


PER CURIAM.

This case involves a complaint filed by plaintiff to rescind defendant's purchase of a car from plaintiff based on a theory of mutual mistake and counterclaims by defendant for compensatory and punitive damages based on the federal Motor Vehicle Information and Cost Savings Act, 49 U.S.C. §§ 32701-32711, unlawful trade practices under ORS 646.605 to 646.656, unlawful debt practices under ORS 646.639 to 646.641, and violations of the state and...

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