1 ALTIS RYAN PEOPLES

P.O. BOX 1075

2 LONG BEACH. CA. 90801
(562)200-2306
3 PLAINITFF IN PRIO PER

8 Superior Court of the State of California

9 For the County of Los Angeles
10

11
ALTIS RYAN PEOPLES ) Case No.
12 ) LIMITED
Plaintiff, )
13 ) COMPLAINT FOR:
)
14 vs. ) 1. BREACH OF CALIFORNIA USDED
) VEHICLE LEMMON LAW
15 ELMANSOURY GROUP MG; CAPTAIN ) 2 FRAUDULENT DECEIT
MOTORS, DBA,; CAPTAIN MOTORS, )
In Violation of Cal. Civ. Code §1709, et Seq.
16 DBA, MG AUTO REISTRATION, DBA, )) 3. INTENTIONAL INFLICTION OF
17
ELMANSOURY GROUP RENTAL ) EMOTIONAL DISTRESS
VEHICLE ; GOOD DEAL AUTO SALES, ) 4. NEGLIGENT INFLICTION OF
18 LLC; DOES 1-20 )
) EMOTIONAL DISTRESS
19 )
Defendants. ) DEMAND FOR JURY TRAIL
20 )
)
21 )
)
22 )
)
23

24

25 Plaintiff Altis Ryan Peoples real party in interest, (hereafter the “Plaintiff”), for his
26 Complaint against ELMANSOURY GROUP MG; ELMANSOURY GROUP MG; CAPTAIN
27 MOTORS, DBA, ELMANSOURY GROUP MG; CAPTAIN MOTORS, DBA, MG AUTO

28 REISTRATION, DBA, ELMANSOURY GROUP RENTAL VEHICLE ; (hereafter, defendants

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“ELMANSOURY GROUP;CAPTAIN MOTORS”); GOOD DEAL AUTO SALES, LLC,
2
(hereafter “Defendant GOOD DEAL AUTO SALES, LLC,”), unless otherwise indicated, and for
3
his Complaint against, alleges as follow:
4 JURISDICTIONAL STATEMENTS
5 1. That Plaintiff is and at all times relevant hereto was, a resident of the State of California,
6 County of Los Angeles.
7 2. That Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS is, and at all times
8 relevant hereto were, is a business in the State of California, County of Los Angeles.
9 3. The Defendant GOOD DEAL AUTO SALES, LLC is, and at all times relevant hereto were, is a
10 business in the State of California, County of Los Angeles.
11 4. That no Defendants is a government agency, Plaintiff is excused from complying with claims
12 statutes.
13 PARTIES
14 5. Plaintiff is an adult, and at all times mentioned in this complaint was, resident of Los Angeles
15 County, California.
16 6. That Defendant ELMANSOURY GROUP MG; CAPTAIN MOTORS, is, and at all times
17 relevant hereto owned and operated or was a business partner with other defendants, to sell used
18 vehicle s in Long Beach, California 90806.

19 7. That Defendant GOOD DEAL AUTO SALES, LLC is, and at all times relevant hereto owned

20 and operated or a business partner with other defendants, to sell used vehicle s with the defendant

21 Long beach California 90806.

22 8. Plaintiff is ignorant of the true names and capacities of defendants sued herein as Does 1

23 through 20, inclusive, and therefore sues these defendants by such fictitious names. Plaintiff will

24 amend this Complaint to allege their true names and capacities when ascertained. Plaintiff is

25 informed and believes and thereon alleges that each of these fictitiously named defendants is

26 responsible in some manner for the occurrences herein alleged, and that Plaintiff’s injuries as

27 herein alleged were proximately caused by the aforementioned Defendants.

28 GENERAL ALLEGATIONS

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9. That defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS, is, and at all times
2
relevant hereto owned and operated or was a business partner with other defendants, to sell used
3
vehicle s in Long Beach, California 90806, where it represents that “Captain Motors is dedicated
4 to providing you with the ultimate automobile buying experience. Captain Motors is your #1
5 source for buying a quality pre-owned vehicle. We have extensive relationships in the dealer
6 community allowing us to purchase a wide variety of lease returns and new car trades at
7 exceptional values. This enables Captain Motors to pass along huge savings on the highest
8 quality vehicles of your choice. In addition, we offer a full array of financing options to meet
9 your needs”.
10 10. On August 25, 2020, Plaintiff and his fiancée purchased a used vehicle from defendants. Used
11 vehicle was a 2008 Audi for sale price of $4000.00. Plaintiff put a down payment of $3200.00
12 towards the purchasing price, and agreed with the defendants to make monthly payments in the
13 amount of $150.00 per month for 11 months. Plaintiff was told at the time of purchase that the
14 vehicle was in “great condition and operated satisfactory”. However, the dealership concealed that
15 the vehicle was, in fact, in poor mechanical condition; that the oil pump was not working; that one
16 of the piston was not operating, and the check engine warring light came on the next day.
17 11. Plaintiff on August 26, 2020, not having the automobile for full 24 hour, began to smell that
18 the vehicle was getting overheated and the check engine warning light came on and smoke began

19 to come from the exhaust pipe, Plaintiff called defendants ELMANSOURY GROUP MG;

20 CAPTAIN MOTORS and spoke to their agent or co-owner who sold plaintiff the vehicle,

21 defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS, agent or co-owner, told plaintiff

22 to bring the vehicle back to the dealership lot so that he could take a look at it.

23 12. Once plaintiff arrived at the dealership lot, defendants ELMANSOURY GROUP MG;

24 CAPTAIN MOTORS, agent or co-owner, came out the office with an item with approximately a

25 foot and half cord attached to it, defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS,

26 agent or co-owner used this item by plugging it into an outlet below the steering wheel of the

27 vehicle. After the defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS, agent or and

28 co-owner was finished, plaintiff was informed that one piston was out, a water hose had a hole in it
and it needed to be replace, and the oil pump needed replacing’ plaintiff was told to leave the
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vehicle there and that the agent or co-owner would have the mechanic work on it. The defendants
2
ELMANSOURY GROUP MG; CAPTAIN MOTORS, agent and or co-owner did state that the
3
only thing that plaintiff would be responsible for, was the oil change after the oil pump was
4 replaced.
5 13. Defendants “ELMANSOURY GROUP MG; CAPTAIN MOTORS and or their agent and or
6 co-owner sold plaintiff a vehicle with material defects that affect the use, value, and safety of the
7 vehicle. The material defects would not allow the plaintiff to drive the vehicle in the way that it
8 was intended to be driven. The material defects would not allow the plaintiff to sell the vehicle for
9 the price that it would be worth if not for the defects. The material defects to the vehicle would not
10 allow it to be driven without putting the Plaintiff, plaintiff’s family, and others on the road in
11 danger.
12 14. On August 29, 2020, defendant represented to the Plaintiff, that he had gotten a text message
13 from the mechanic, stating that the mechanic had worked on the vehicle, work until August 30,
14 2020, 12:08am, and that before he released the vehicle, that he wanted to speak with the mechanic,
15 but that because the mechanic had worked so late that he might not be in until 1:00pm to 2:00pm.
16 15. Plaintiff on August 29 2020, at approximately 2:20PM, plaintiff went to mechanic shop,
17 which sit adjacent, to the defendants’ dealership lot. Once there plaintiff spoke with the mechanic,
18 and was inform that the part that was ordered was not the right part.

19 16. On August 31, 2020, at 10:32AM, Plaintiff made another call to defendants ELMANSOURY

20 GROUP MG; CAPTAIN MOTORS and received a text from their agent and or co-owner, stating

21 that defendants “ELMANSOURY GROUP MG; CAPTAIN MOTORS would call plaintiff back.

22 Plaintiff after not receiving a call back from defendants ELMANSOURY GROUP MG;

23 CAPTAIN MOTORS and or their agent and or co-owner. Plaintiff went to the defendants

24 “ELMANSOURY GROUP MG; CAPTAIN MOTORS and found that the vehicle was not being

25 repaired as defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS and or their agent

26 and or co-owner, had represented to the plaintiff.

27 17. That on September 7, 2020, Plaintiff went to Defendants “ELMANSOURY GROUP MG;

28 CAPTAIN MOTORS, and was informed that the agent and or and or co-owner, that sold plaintiff
the vehicle was no longer employed or a part of the business, because it was determined that the
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agent and or and or co-owner was selling his personal vehicles. Defendants “ELMANSOURY
2
GROUP MG; CAPTAIN MOTORS, then informed the plaintiff that the agent and or and or co-
3
owner had opened his own dealership two block from Defendants ELMANSOURY GROUP MG;
4 CAPTAIN MOTORS dealership lot.
5 18. That on September 7, 2020, Plaintiff went to Defendant GOOD DEAL AUTO SALES, LLC,
6 new used auto dealership lot, where plaintiff disclosed the information that Defendant GOOD
7 DEAL AUTO SALES, LLC no longer work with Defendants ELMANSOURY GROUP MG;
8 CAPTAIN MOTORS dealership.
9 19. That on September 7, 2020, Plaintiff, while at Defendant GOOD DEAL AUTO SALES, LLC,
10 new used auto dealership lot, was showed a computer photo of the 2008 Audi that plaintiff brought
11 on August 25, 2020, however while viewing the computer photo, plaintiff saw that it was actually
12 a 2006 Audio, And that defendant when selling the vehicle misrepresented the 2006 Audi as a
13 2008 Audi, Plaintiff then informed defendant GOOD DEAL AUTO SALES, LLC, that a major
14 reason plaintiff brought the vehicle was that it was represented as a 2008 Audi.
15 20. That on September 11, 2020, Plaintiff called Defendant GOOD DEAL AUTO SALES, LLC,
16 to check on the status of the repairs, it was then explained to the plaintiff, that the mechanic who
17 was working on the vehicle had not been coming in the shop until in the evening time. Defendant
18 GOOD DEAL AUTO SALES, LLC, then stated that he might have to find another mechanic to

19 work on the vehicle.

20 21. Plaintiff was not given an option to buy a 2 day cancellation before any agreement or contract

21 was signed on august 25, 2020.

22 FIRST CAUSE OF ACTION

23 BREACH OF CALIFORNIA USDED VEHICLE LEMON LAW

24 (Against All Defendants)

25 22. Plaintiffs refer to, and incorporate by reference, the allegations of paragraphs 1 through 21 of

26 this complaint, as though fully set forth herein.

27 23. On August 25, 2020, Plaintiff and his fiancée purchased a used vehicle from defendants

28 ELMANSOURY GROUP MG; CAPTAIN MOTORS dealership lot. The used vehicle was
misrepresented to Plaintiff as a 2008 Audi, for a selling price of $4000.00. Plaintiff made a down
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payment of $3200.00 towards the purchasing price, and agreed with defendants ELMANSOURY
2
GROUP MG; CAPTAIN MOTORS to make monthly payments in the amount of $150.00 on
3
each 25th day of the month for a total of 11 months.
4 24. Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent did not
5 have the Buyers Guide in the vehicle’s window when plaintiff viewed it on the lot as required by
6 California law.
7 25. Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent failed to
8 inform the plaintiff that the vehicle was, in poor mechanical condition; that the oil pump was not
9 working; that one of the piston and or lifts was not working, a water hose had a hole and the check
10 engine warring light came on the next day.
11 26. That Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS and or their agent on
12 August 26, 2020, after accepting the vehicle to make the repairs which included replacing the oil
13 pump, replacing the water hose, the cylinder and/or lifts, at no cost to the plaintiff.
14 27. That Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS and or their agent on
15 August 25, 2020, misrepresentation that the vehicle that was being sold to the plaintiff was a 2008
16 Audi, but was later discovered to be a 2006 Audi, invalidated the As-Is no warranty on the Buyer
17 Guide, signed on August 25, 2020.
18 28. Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS and or their agent sold

19 plaintiff the vehicle with material defects that affect the use, value, and safety of the vehicle. The

20 material defects would not allow the plaintiff to drive the vehicle in the way that it was intended to

21 be driven. The material defects would not allow the plaintiff to sell the vehicle for the price that it

22 would be worth if not for the defects. The material defects to the vehicle would not allow it to be

23 driven without putting the Plaintiff, plaintiff’s family, and others on the road in danger.
29. Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent has had
24

25
the vehicle in his possession and or control from August 26, 2020 to the date of the filing of this

26 civil Summons and Complaint, for repairs but has not made those repairs. This has Plaintiff to come

27 to the belief that either defendants are unable or unwilling to repair the problem.
28
SECOND CAUSE OF ACTION

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1 FRAUDULENT DECEIT

2 In Violation of Cal. Civ. Code §1709

(Against Defendants)
3
30. Plaintiffs refer to, and incorporate by reference, the allegations of paragraphs 1 through 29 of
4
this complaint, as though fully set forth herein.
5
31. On August 25, 2020, Plaintiff and his fiancée purchased a used vehicle from defendants. The
6
used vehicle was intentional misrepresented to Plaintiff as a 2008 Audi, for a selling price of
7
$4000.00, this did not include finance cost.
8
32. Plaintiff on September 7, 2020, speaking with the defendants’ ELMANSOURY GROUP MG;
9
CAPTAIN MOTORS or and their agent and or business partner is when plaintiff learned that the
10
Audi was a 2006 instead of it being a 2008 Audi.
11
33. That defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent and
12
or business partner knew that the representation he made; that the vehicle was a 2008 Audi was
13
false or made the representation recklessly and without regard for its truth.
14
34. That defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent and
15
or business partner intended that the plaintiff rely on the representation that the vehicle was 2008,
16
since it was one of several inquiry plaintiff made before any documents signing.
17
35. That plaintiff reasonably relied on defendants ELMANSOURY GROUP MG; CAPTAIN
18
MOTORS or and their agent and or business partner’s representation; that the vehicle was a 2008
19
Audi, and after some conversation on price did plaintiff buy the vehicle.
20
36. That the plaintiff was harmed by defendants ELMANSOURY GROUP MG; CAPTAIN
21
MOTORS or and their agent and or business partner’s representation that the vehicle was a 2008;
22
as plaintiff was not able to consider other factor about the vehicle before purchasing it.
23
37. That plaintiff’s reliance on defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS
24
or and their agent and or business partner’s representation was a substantial factor in causing his
25
harm.
26
THRID CAUSE OF ACTION
27
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
28
(Against All and Each Defendants)

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38. Plaintiff refers to, and incorporates by reference, the allegations of paragraphs 1 through 37 of
2
this complaint, as though fully set forth herein
3
39. Plaintiff is informed and believes and thereon alleges that, at all times herein mentioned, each
4 of the defendants sued herein was the agent and employee of each of the remaining defendants and
5 was at all times acting within the purpose and scope of such agency and employment.
6 40. On August 25, 2020, Plaintiff and his fiancée purchased a used vehicle from defendants. The
7 used vehicle was intentional misrepresented to Plaintiff as a 2008 Audi, for a selling price of
8 $4000.00, this did not include finance cost.
9 41. That defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or their agent and or
10 business partner’s misrepresentation to plaintiff that the vehicle was 2008 Audi when the vehicle
11 was a 2006 Audi that conduct was outrageous
12 42. Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent and or
13 business partners conduct was intentional and malicious and done for the purpose of causing
14 Plaintiff to suffer humiliation, mental anguish, and emotional and physical distress.
15 43. As a proximate result of defendants’ ELMANSOURY GROUP MG; CAPTAIN MOTORS or
16 and their agent and or business partners acts or omissions, plaintiff was denied the consumer rights
17 under the law.
18 44. As a further proximate result of defendants ELMANSOURY GROUP MG; CAPTAIN

19 MOTORS or and their agent and or business partners failing to afford plaintiff his right as a

20 consumer in fair dealings and the consequences proximately caused by it, as herein above alleged,

21 plaintiff suffered severe humiliation, mental anguish, and emotional and physical distress, and has

22 been injured in mind and body.

FORUTH CAUSE OF ACTION
23 (Negligent Infliction of Emotional Distress against All Defendants)
24 45. Plaintiff refers to, and incorporates by reference, the allegations of paragraphs 1 through 44 of
25 this complaint, as though fully set forth herein
26 46. On August 25, 2020, Plaintiff and his fiancée purchased a used vehicle from defendants
27 ELMANSOURY GROUP MG; CAPTAIN MOTORS or and their agent and or business partners.
28

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The used vehicle was intentional misrepresented to Plaintiff as a 2008 Audi, for a selling price of
2
$4000.00, this did not include finance cost.
3
47. That defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS or their agent and or
4 business partner’s misrepresentation to plaintiff that the vehicle was 2008 Audi when the vehicle
5 was a 2006 Audi.
6 48. On August 25, 2020 a seller and buyer relationship was formed and created between Plaintiff
7 and Defendants ELMANSOURY GROUP MG; CAPTAIN MOTORS, where a duty of care
8 existed.
9 49. Defendant ELMANSOURY GROUP MG; CAPTAIN MOTORS, or their agent and or
10 business partner knew, or should have known, that the failure to properly and truthfully represent
11 that the vehicle was a 2006 Audi exercise due care in their action and conduct as to the rights of
12 plaintiff right to that truthiness would cause plaintiff severe emotional distress.
13 50. Defendant ELMANSOURY GROUP MG; CAPTAIN MOTORS, or their agent and or
14 business partner knew, or should have known acts or omission to act constituting breach of duty of
15 care that is afforded to the plaintiff.
16 51. As a proximate result of defendant's ELMANSOURY GROUP MG; CAPTAIN MOTORS, or
17 their agent and or business partners’ act or omission, Plaintiff has not enjoyed the vehicle
18 purchased as prescribed by law.

19 52. As a further proximate result of defendants’ ELMANSOURY GROUP MG; CAPTAIN

20 MOTORS, or their agent and or business partner breach of its duty of care and the consequences

21 proximately caused by it, as herein above alleged, plaintiff suffered severe emotional distress and

22 mental suffering.

23
WHEREFORE, plaintiff prays judgment against defendants as follows:
24

25 1. For general damages for severe emotional distress and mental suffering in the sum of
26 $ 15, 000.00;
27 2. Punitive damages in the sum of or according to proof;
28 3. and For such other and further relief as the court may deem proper.

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VERIFICATION
2
I, Altis Ryan Peoples have read the foregoing Complaint and know its contents. I
3
am the Plaintiff to this action, and am authorized to make this verification and make this
4 verification for that reason. I am informed and believe and on that ground allege that the matters
5 stated in the foregoing complaint are true.
6 I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct. Executed in Los Angeles California this ______ day, of September
8 2020.
9

10 _______________________________
11 Altis Ryan Peoples Plaintiff in Pro Per
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