Bennett
Bennett v. California Custom Coach, Inc.
Opinion
Opinion
Danielson, J.
Terry Bennett (plaintiff) appeals from an order granting the motion of California Custom Coach, Inc. (defendant) to tax costs.
We affirm the order.
Factual and Procedural Statement
On or about October 2, 1987, plaintiff paid defendant a $5,000 down payment towards the purchase of a “Daytona American Kit,” which is a vehicle conversion package used to modify a Corvette to appear to be a Ferrari. The total purchase price was $7,500. Plaintiff later requested a refund of his down payment. Defendant sought to offset the months of storage of the kit and a 30 percent restocking fee against such refund.
On February 7, 1989, plaintiff filed an action for recovery of his $5,000 down payment. The complaint pleaded four causes of action, respectively: (1) violation of the Consumers Legal Remedies Act (Civ. Code, § 1750 et seq.); (2) fraud and deceit; (3) conversion, and (4) money had and received.
With regard to the fourth cause of action, plaintiff prayed for recovery of his $5,000 down payment plus interest at 10 percent from October 2, 1987. With regard to the remaining causes of action plaintiff also sought recovery of punitive damages. He also sought recovery of attorney’s…