Judge Throws Out Glendale Nissan Lawsuit Against La Crescenta Law Firm Brennan, Wiener & Associates

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A Los Angeles Superior Court Judge threw out a lawsuit by Glendale Nissan against the La Crescenta Law Firm of Brennan, Wiener & Associates. Glendale Nissan v. Brennan, Wiener & Associates, Los Angeles Superior Court Case No. BC 323947.

Over the past few years, Glendale Nissan, owned by the Sage Automotive Group, has had to litigate or settle more than half a dozen car dealer fraud cases in which the consumers were represented by Brennan, Wiener & Associates. The filed cases involved allegations of misrepresenting the hidden costs of car leases, misrepresenting the mechanical condition of used vehicles, undisclosed collision damage and failing to properly use Spanish-language contracts for Spanish-speaking consumers. These cases include Amaya vs. Glendale Nissan, Los Angeles Superior Court ("LASC") case number BC257141; Maricio Cano vs. Glendale Nissan, LASC case number BC296630; Jose Tamayo vs. Glendale Nissan, LASC case number BC298708; Cerda vs. Glendale Nissan, LASC case number BC 306706; Guevara/Vargas vs. Glendale Nissan, LASC case number BC 310591; Beavers/Solomon vs. Glendale Nissan, LASC case number BC 322130; Bahena vs. Glendale Nissan, LASC case number BC 322131; Valdovinos vs. Glendale Nissan, LASC case number BC 323 402; and Jennifer Carter vs. Glendale Nissan, LASC BC 292 754.

Yet, as alleged in the pleadings filed in Glendale Nissan v. Brennan, Wiener & Assoc. (Los Angeles Superior Court Case No. BC 323947), this car dealer continued to engage in allegedly unfair practices involving some of its customers, particularly Spanish-speaking consumers, when selling or leasing used cars.

Glendale Nissan brought a lawsuit against Brennan, Wiener & Associates (“BWA”) for alleged unfair business practices. Glendale Nissan hired an alleged expert witness, Fred Zacharias, to testify that BWA could not call themselves dealer fraud “experts” and “specialists”.

According to BWA principal Robert F. Brennan, "Mr. Zacharias tried to provide Glendale Nissan the opinion for which he was paid, but he was never able to contest that BWA has successfully handled numerous car dealer fraud cases and has a consistent winning record of sizeable verdicts and settlements which is among the very best in California." The court ultimately disregarded Mr. Zacharias' opinion.

After the lawsuit was filed, Glendale Nissan sent over a settlement offer, which attempted to retain BWA as its own attorneys. Brennan commented on Glendale Nissan's settlement offer: "Obviously, this offer would create a conflict of interest with BWA’s present and future clients who have cases pending against Glendale Nissan, which would mean that we could no longer represent clients with cases against Glendale Nissan. We promptly rejected this supposed settlement offer. However, this “back-handed compliment” from Glendale Nissan demonstrates the respect that it has for our firm."

After Glendale Nissan’s settlement offer was rejected, Judge Helen Bendix of the Los Angeles Superior Court reviewed all of the papers in this case. Judge Bendix completely threw out the complaint against BWA. Using California’s “anti-SLAPP” law (“SLAPP” stands for Strategic Lawsuit Against Public Participation, or, in other words, misusing a lawsuit to silence a critic or an adversary), Judge Bendix determined that Glendale Nissan’s entire lawsuit should be dismissed.

After the victory, Brennan commented, "Glendale Nissan will have to solve its problems by cleaning up its consumer practices. Cheating consumers simply does not fly on my watch, and Glendale Nissan knows that it may have to face lawsuits so long as it cheats consumers on used car deals. If Glendale Nissan wants to never see me again, then it needs to really pay attention to its consumer practices. It's that simple."

About Brennan, Wiener & Associates: Brennan, Wiener & Associates of La Crescenta, Ca. is widely considered the best, smartest and most aggressive car dealer fraud, lemon law and wrongful credit damage law firm in greater Southern California. Its lawyers have over 40 years of experience and have received an “AV” rating, the highest possible rating, from the prestigious Martindale-Hubbell attorney rating agency. In 2006, the firm’s founder, Robert F. Brennan, was honored by being selected as a 2006 Southern California “Superlawyer”, an honor reserved for the top 5% of practicing attorneys in a given geographical area.


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