Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY DaVIGO Deputy Attorney General

EMERGING MARKETS LEASING CO., LLC, has requested this office to grant leave to sue in quo warranto upon the following:

On the following day, relator's president met with defendant's sales manager to formalize the arrangement. However, the sales manager stated that he could not complete the deal, but would allow a lesser amount for the trade-in on another vehicle. On the next day, the sales manager explained that both of the vehicles which were the subject of the earlier oral agreement had been sold, but that the lesser trade-in allowance on another vehicle was still available.

Defendant alleges that when the principals met for the first time, relator tendered the registration for the trade-in, which was branded as "salvage." The fact that the trade-in had been so branded had not been previously disclosed to defendant or its salesperson. Defendant explained to relator that the salvaged trade-in was not acceptable, but that the new vehicle was available at the advertised price. On the next day, negotiations were terminated and relator left the premises.

Code of Civil Procedure section 803 provides as…