Legal Question in Civil Litigation in California
I sold a vehicle in California to a woman for $1400 who claimed I did not disclose the expired registration and "chain of owners". She filed a small claims suit, and won. The judgement was "The court finds for xyz against abc in the amount of $1777.21 damages and $200 costs. Court finds recission of contract and equitable relief due to Defendant's failure to warn Plaintiff that registration was invalid as prior owners unknown (See C.C 1689 (b)). Also car would not start on day sold."
First question. For there to be a rescission of the contract would mean she gives me back the car and I give her her money? The twist is that she left the car with the expired registration on the street knowing it was parked illegally and it was subsequently towed. She didn't notify me of that and by the time I found out the vehicle had already been auctioned and sold. At no time was I given the vehicle's location. So how now can we perform the rescission? Can the court not only award her the $1400 she paid me, plus an additional $377.21 she paid a mechanic and keep the car can she? That is punitive damages, correct? No where in the judgement is there any mention of punitive damages.
The judge did not look at any of the evidence presented in trial, the top page of the registration forms I gave the purchaser had in big bold red letters at the top "registration incomplete". And she was equally confused, even stating something about the car not starting. Wouldn't that prove the point that the Plaintiff was aware there were issues with the car?
Anyway, what are my options now? How do I proceed? The date for appeal passed, I filed a motion to vacate due to invalid interpretation of the law which took 2 months for the judge to rule against me on and I was thinking that would halt the 30 day appeal limit, which it does not. Help! Thanks!
2 Answers from Attorneys
Rescission means that each side of the deal gives back what he or she got from the other. If you showed (or properly tried to show) that this wasn't possible, the court shouldn't have ordered it. That doesn't necessarily mean you would have won, but it should at least have resulted in a much smaller damages award. Your disclosures about the registration might also have entitled you to a judgment in your favor.
Are you sure you missed the appeal deadline? Your 30-day window began when the court mailed the judgment to you. That might have happened less than 30 days ago even though the trial happened long before. (This isn't likely, but it's plausible.) Otherwise I'm afraid you're probably stuck with the result.
Telling your story here is of no value to you, other than to get the only advice possible, which is, to either file a timely appeal and try to convince a new judge to rule differently, OR to negotiate a settlement with the buyer, OR to pay the judgment. If you do appeal, you are then entitled to hire an attorney to represent you in that appeal. If serious about doing so, feel free to contact me.
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