Eidsmore

In this action for rescission of a contract to purchase an automobile, the trial court found in favor of respondent RBB, Inc., doing business as Ferrari of Los Gatos, on both appellant’s complaint and respondent’s cross-complaint for breach of contract. Appellant contends the trial court misinterpreted Vehicle Code section 11713, subdivision (p), which restricts a dealer’s collection of deposits on vehicles which are not “available” to the dealer. Appellant further challenges the trial court’s factual findings that delivery of appellant’s vehicle occurred within a reasonable time and that respondent adequately mitigated its damages upon appellant’s breach. We will affirm the judgment.

Background

The subject of this controversy was a “unique and exotic” Ferrari called the “F-40.” In September of 1987 appellant learned that this new “super car” was to be introduced in limited numbers in Canada and the United States. Appellant gave respondent a refundable deposit for $25,000, which assured him of receiving the first F-40 that was delivered to respondent. He was not told when he could expect the F-40’s to arrive. Appellant placed similar deposits at three other dealerships,…