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BERMUDEZ v. FULTON AUTO DEPOT, LLC

No. C058356.

179 Cal.App.4th 1318 (2009)

ELEONOR BERMUDEZ et al., Plaintiffs and Appellants, v. FULTON AUTO DEPOT, LLC, et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 3, 2009.

Attorney(s) appearing for the Case

Law Offices of Robert G. Padrick and Robert G. Padrick for Plaintiffs and Appellants.

Law Office of John Dumas Rochelle and John Dumas Rochelle for Defendants and Respondents.

OPINION

NICHOLSON, J.—

Plaintiffs Eleonor Bermudez and Antonio Aceves bought a Cadillac Escalade from defendant Fulton Auto Depot, LLC, signing a retail installment sale contract. On the contract, Fulton Auto Depot overestimated the vehicle license fees by $2 and charged plaintiffs $58.25 for a smog check and certificate but failed to submit the vehicle to a smog check until four months later when the error was brought to its attention...

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