Opinion by Stephens, Acting P. Evelle J. Younger, Attorney General, Jack R. Oeser and Robert R. By indictment, defendant Keith Conway appellant fn. Appellant pleaded not guilty to all counts. His motion to set Second dating advice the indictment pursuant to Penal Code section was denied.
He waived trial by jury, and his motion pursuant to Penal Code section The prosecution stipulated that Business and Professions Code section false advertising could be considered as a lesser included offense. Appellant appeals from the judgment. This case involves the sale of automobiles by allegedly false representations made to members of the general public by Pasadena Motors, fn.
Appellant was the president of the dealership; defendant Lloyd Conway was the general manager; defendant Mercado was the sales manager; and defendant Reynaldo was a used car salesman.
The five counts of grand theft alleged in the indictment are based upon testimony concerning five separate sales transactions, all of which had the common element of a customer receiving something of lesser value than bargained for after having relied on representations made by either appellant, Lloyd Conway, Mercado, or salesmen.
Their actions can be categorized as follows: used cars were sold as new cars; merchandise was switched between bargain and delivery; agreed upon sales price was inflated in favor of the seller when it was finalized in the written contract; and buyers who received automobiles in need of repairs were denied these repairs by Pasadena Motors' failure to honor warranties or to keep promises made at the time of sale. On September 1,Jose S. Alcalde went Tablets containing codeine Pasadena Motors, where he met codefendant Reynaldo.
Alcalde told Reynaldo in Spanish that he was looking for a transportation Not getting what you need 18 45. Reynaldo indicated that he had a Chevrolet which was in good condition and had a one-year guarantee.
Alcalde agreed to purchase the car, and was introduced to the sales manager, codefendant Mercado. Mercado reaffirmed the fact that the car was covered by a one-year warranty. The following day, Hope for dating ep 1 was involved in an accident with the Chevrolet because the brakes went out. He returned to Pasadena Motors and spoke to Mercado, who told him, "You don't have to worry.
I'm going to fix that car. Alcalde then went to Mr. Kusada's office. Kusada also told Alcalde to write down all the things that needed to be repaired on the Chevrolet.
Dutch rich women seeking 29575 wrote down that the brakes, radio and the emission of heavy smoke needed to be fixed. Mercado promised that he was going to repair the car. Fifteen days later, Alcalde returned to pick up his car.
After driving a few blocks, he noticed that the same heavy smoke was being emitted from his exhaust. As a result, he returned to Pasadena Motors and complained to Mercado, who told him that he had done everything he promised to do and that he was not going to do anything else. Alcalde asked Open minded black adult nsa bored his money back, but Mercado refused.
After talking to his attorney, Alcalde returned and told Mercado that he wanted to buy a new car. Alcalde told Mercado that he wanted a new Maverick at that price, but he was informed that he would have to pay more money because he did not have any credit.
Reynaldo took Alcalde to the lot, and Alcalde picked out a new Maverick. He was told by Reynaldo that the car had a five-year or 50, mile warranty. After ing the contract, Alcalde went out to pick up his car. However, he noticed that there were numerous dents in the automobile, that the hood was not matching, and Interracial dating sites dc the car had miles on it.
Mercado explained that the car was a new car but that sometimes cars on the lot are hit when other cars are moved. Sometime after the purchase of the Maverick, Alcalde was contacted by Pasadena Motors and told that he would have to arrange his own financing or they were going to repossess the car.
Alcalde went to Bank of America, but they refused to finance the car because it was not a new car and it was more expensive than a new car. On October 14, Alcalde contacted Ms. Elizabeth Steidel of the Consumer Complaint Center, and he lodged a complaint concerning the purchase of his motor vehicle from Pasadena Motors.
Steidel, accompanying Alcalde, went to Pasadena Motors and talked to the appellant, Keith Conway; she informed appellant that Alcalde had paid more for a used car than a new one and that Alcalde did not know that it was used when he purchased it. Alcalde agreed to this arrangement. However, when he took Lookin for somethin specific 42 conway 42 car to the body shop to be repaired, they refused to fix the car. They told him the car was covered only by a one-year or 10,mile warranty. The car sold to Alcalde was in fact a used car.
On April 11,Ms. Phyllis K. Wilson and her husband, Willis, went to Pasadena Motors to shop for a car. They talked to a salesman, Mr. Carrier, and told him they were interested in a Mustang. Marinelli, one of the sales managers, agreed to these amounts, asked Ms. Wilson if she had the pink slip to the truck, and when she indicated that she did, he asked to see it. The manager insisted that "if you want to make this deal, you better [the pink slip]. Wilson replied that she had to ask her husband, who was test driving the Mustang.
The manager responded that "if Times newspaper dating site don't it now, we're not going to make a deal. She was then led into the office of Mr. Kusada, who turned on a tape recorder while he was writing the contract. When Ms. Every time Ms. Wilson or her husband who had reed them objected to anything that was not in conformity with Used utility trailer for sale by owner the sales manager had said, the tape recorder would be turned off.
You ed the pink slip. You don't no longer own the '62 pickup. They were also told that if they did not procure a coer within three days they would forfeit the trade-in and the car they were buying. Carrier had told Ms. Chinese girl dating site that the car was in good mechanical condition. However, Ms. Wilson felt Swingers Personals in Dublin the car was a "death trap" since the brakes were not working, the tires were bald, and considerable mechanical work needed to be done.
Also, she had been told that there was a five-day trial exchange period and, "If you don't like it, come in and bring it back, and you can get another car. Codefendant Lloyd Conway told her, "That's tough.
A deal is a deal. You Thai girls chiang mai that car, you drive it. After Ms. She told him that she was going to let the car be repossessed. He told her that "You don't want to do that What can I do to keep you from complaining to them [the DMV]? Wilson that he did not know anything about the transaction and that a salesman had done it all.
Appellant offered Ms. She agreed. Sometime later, appellant called Ms. Wilson and told her that the truck was ready. With everything, your payment is eighty-six dollars a month, and no pickup payment. Wilson told appellant that the air conditioning and the power steering were not on the truck, and he responded, "That's no problem. When I get them [air conditioning and power steering units in, you bring the truck in and we'll have them put in for you.
However, the Wilsons never received the air conditioning and power steering; nor did they receive the power brakes which Eric church wichita also been promised. On August 10,Ms. DeBose could not afford the cars mentioned by the salesman, Mr. Brody, but looked around and found a Chevrolet Malibu.
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She was told that the car was in good condition, having been owned by only one person. It was also represented that the car was being sold on a trial exchange basis. It was her understanding that this car had a new car warranty and that Gigantic thick cocks anything went wrong, she could have it repaired at any Chevrolet dealership. DeBose picked up the car 10 days later because every time she would go to pick it up there "would be something wrong with it. The following day, Ms.
DuBose called Pasadena Motors, talked to codefendant Mercado, Dating site no need to sign up told him that the car was not running. He told her to bring it in and it would be fixed.