DeNike

I. FACTUAL AND PROCEDURAL BACKGROUND

In May 2014, DeNike began searching for a soft top Jeep Wrangler to replace the one he owned but intended to give to his son. In June, a salesman at SCJ returned DeNike’s call and told him that he could procure a Jeep Wrangler which met his specifications from another dealership. DeNike agreed to travel by train from his home in Sacramento to San Jose on June 14 to pick up the vehicle which he would then drive home. On June 13, the salesman called DeNike and told him he could not get the Jeep from the other dealership. The salesman said he had a vehicle at SCJ that fit DeNike’s requirements except that it was a hardtop rather than a soft top. DeNike asked if everything on the vehicle was “factory installed”3 and the salesman assured him it was.

3 DeNike took notes regarding his conversations with various car dealers on his calendar and his notes from the conversation with SCJ on June 13 indicate that he asked whether everything on the vehicle was “dealer installed.”

2 DeNike took the train to San Jose the next day and the salesman gave him a ride to SCJ. DeNike took the vehicle for a test drive, but noticed that it was dusty and had no…