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clp10_18

clp10_18

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Published by Charlton Butler
More consumer pleadings and instructions manuals and so on to fight the Banks trying to take your and my homes through lies and deceit
More consumer pleadings and instructions manuals and so on to fight the Banks trying to take your and my homes through lies and deceit

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Published by: Charlton Butler on Oct 12, 2011
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11/13/2012

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Chapter 18 Depositions in Cases Alleging the Resale of RebuiltWrecked Cars (MO)
Bernard Brown has been in private practice in Kansas City since 1980. Between 1984and 1996 his office was devoted entirely to representing consumer plaintiffs who were victims of car fraud — such as the fraudulent sales of rebuilt wrecks and cars with odometer rollbacks.More recently he has also worked on consumer class actions relating to vehicle sales andfinancing, and on “home equity” fraud cases. A sizeable number of his cases have resulted inpublished court decisions of significance in these areas of the law.Mr. Brown began doing public interest work when he was in college, starting withvolunteer work at the headquarters of Common Cause in Washington, D.C. He has workedregularly with National Consumer Law Center staff for many years on various materials, and haswritten or contributed to many articles relating to consumer law. He is a founding member andone of the two original Co-chairs of the National Association of Consumer Advocates(“NACA”). He has worked closely on a number of issues with other leading consumer groups(such as Consumers Union, Consumer Federation of America, Public Citizen, U.S. PIRG, Centerfor Auto Safety, and Consumers for Auto Reliability and Safety), and has drafted legislation andtestified for these groups in the U.S. and state legislatures. He is often consulted by media andbusiness entities regarding car industry-related consumer issues. He is extensively involved innetworking and idea-sharing efforts of consumer advocate attorneys across the country, andregularly provides lectures for other attorneys and consumer advocates on various consumer lawissues. He also serves as an adjunct law school professor teaching consumer protection law.Sections 18.1 is the deposition of the business manager for a franchised automobiledealer about a car sale for which he arranged the financing. The deponent had no recollection of the transaction at all at the beginning of the deposition or even of meeting with the dealer’sattorney about the suit six months before the deposition. The deposition details the dealer’snormal steps in arranging high rate car financing.Section 18.2 is the deposition of the former used car manager at a car dealer who had norecollection of the sale of a rebuilt wreck to one of the dealer’s car salesmen. It discusses whatthe dealer’s file shows about the car and the dealer’s asserted general practices of inspecting usedcars before sale and disclosing all known defects.Section 18.3 is the deposition, with editorial comments, of a used car manager at afranchised automobile dealer alleged to have sold a rebuilt wreck to the consumer withoutdisclosure that the car had been rebuilt and representing it was like new when a routineinspection by a sales person or mechanic would have revealed that the car had been wrecked.
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 The used car manager describes the process for purchasing used cars from automobile auctions,refurbishing used cars, and reselling them. The used car manager admitted that he had almost nopersonal recollection of the purchase of the car or its resale so that he could not dispute theconsumer’s description of events.
1
.
See
Bird v. John Chezik Homerun, Inc., 152 F.3d 1014 (8
th
Cir. 1998).
 
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18.1 Deposition of Used Car Manager
11 IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MISSOURI2 WESTERN DIVISION3 [CONSUMER], )4 Plaintiff, ))5 vs. ) No.)6 THOROUGHBRED FORD, INC., )7 Defendant. )8 DEPOSITION OF [WITNESS],9 VOLUME I, Pages 1-13310 produced, sworn, and examined on Tuesday, the 9th11 day of April, 2002, between the hours of 8:00o'clock in the forenoon and 6:00 o'clock in the12 afternoon of that day at the Law Offices of Tyrl &Hahn, 1100 Walnut Street, Suite 2950, in the City of13 Kansas City, County of Jackson, State of Missouri,before:14PEGGY E. CORBETT, RDR-CCR-CSR15 Registered Diplomate Reporterof16 JAY E. SUDDRETH & ASSOCIATES, INC.Suite 10017 10104 West 105th StreetOverland Park, Kansas 66212-574618 a Notary Public within and for the County of19 Jackson, State of Missouri.20 Taken on behalf of Plaintiff pursuant to Notice toTake Depositions.212223242521 APPEARANCES2 For the Plaintiff:3 THE BROWN LAW FIRMAttorneys at Law4 3100 Broadway, Suite 223Kansas City, MO 641115 BY: MR. BERNARD E. BROWN
 
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 6 For the Defendant:7 LAW OFFICES OF TYRL & HAHNAttorneys at Law8 1100 Walnut Street, Suite 2950Kansas City, MO 641069 BY: MR. LARRY J. TYRL10 Also appearing: Mr. Bob Jachaway11 INDEX12 [WITNESS] VOLUME I PAGE13 Direct Examination by Mr. Brown 3Signature: 13214 Certificate: 13315 EXHIBITS16 EXHIBIT PAGENUMBER DESCRIPTION REFERENCED17105 [Consumer] File 318 106 [Purchaser 1] File 3107 [Purchaser 2] File 319NOTE: The exhibits were retained by Mr. Tyrl and20 are not attached hereto.212223242531 P R O C E E D I N G S2 MR. BROWN: Let's make a record that3 we've marked Exhibits 105, 106, 107. They're the4 original deal jackets on the sale to [Consumer],5 the dealings with [Purchaser 1] on this vehicle,6 and the sale of the vehicle to [Purchaser 2]7 respectively, 105, 106, 107.8 We've just marked the yellow jackets, they9 each have documents in them, 107, the [Purchaser 2] file10 starts at Bates-stamp Number 1, and goes through11 Bates-stamp number 68; 106, the [Purchaser 1] file starts12 at Bates-stamp 69, and goes through Bates-stamp 125;13 and 105, the [Consumer] file, starts at Bates-stamp14 126, and goes through Bates-stamp 187.15 Does that sound correct, Larry?16 MR. TYRL: That's what they're17 supposed to be.18 MR. BROWN: Yeah.19 MR. TYRL: And while you're starting

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