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The owner alleged sales/finance misconduct tied to a pre-owned 2014 Nissan Rogue Select purchase and financing, alongside ongoing drivability concerns reflected in service records (including CVT-related complaints and major transmission service). Protections apply statewide in California, and Torrance is simply where the owner is located.
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The table below summarizes what the service records reflect (dates, mileage, complaint, diagnosis/repair, and result).
| Date | Mileage | Dealership/Shop | Complaint | Diagnosis | Repair Performed | Result |
|---|---|---|---|---|---|---|
| 2019-09-28 | 78,427 | Carson Nissan | Routine service / inspection | — | Oil/filter service and multi-point inspection items | Service completed |
| 2020-02-26 | 83,056 | Carson Nissan | Hesitation/jolting on acceleration; shaking when stopping | CVT overheating indicators and high CVT count noted | CVT assembly replacement (remanufactured transaxle) and road test | Post-repair road test noted |
| 2020-02-29 | 83,237 | Carson Nissan | Hesitation after braking; steering wheel off-center | No DTCs noted; drivability concerns and CVT count references noted | Vehicle reprogramming and front wheel alignment | Test-driven after service |
| 2020-03-31 | 84,443 | Carson Nissan | Rattling noise; brake pedal shake during higher-speed braking | Air duct found loose | Air duct secured | Noise addressed |
Pattern Summary:
- Multiple visits documented drivability complaints, including hesitation/jolting and shaking during braking/stop events.
- CVT overheating indicators and high CVT count references were documented in connection with drivability concerns.
- The service history reflects a major transmission event (CVT assembly replacement) during ownership.
- Follow-up service after the transmission work still reflected drivability concerns and required additional diagnostic steps.
- Later service documentation also reflected noise/vibration concerns and component securing work.
Why “CVT fail-safe / reduced performance” allegations matter
When a vehicle enters a CVT protection strategy (sometimes described as “fail-safe” or reduced performance), drivers may experience hesitation, delayed acceleration, or reduced power—especially under load or after braking. In a California consumer case, that kind of drivability allegation can be material because it can affect safety, drivability, and resale value, and it can drive both warranty and transaction-based claims depending on the facts.
Settlement Outcome
The case resolved through a cash-and-keep style monetary settlement totaling $14,933.10 under California law. Without admitting liability or wrongdoing, the defendants paid to resolve the dispute. Cash-and-keep settlements generally mean the owner keeps the vehicle while receiving money to end the claims, rather than a repurchase or replacement.
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California Lemon Law & Auto Fraud Rights
California law can provide overlapping protections when a vehicle dispute involves both (1) sales/finance problems at the point of purchase and (2) documented defects or warranty-type repair patterns during ownership. Depending on the facts, relief may include rescission-type remedies, restitution/damages, and warranty-based remedies.
- Auto sales/finance fraud and unfair practices: Disclosures must be accurate and material terms should not be misrepresented or hidden at signing.
- Contract alignment: Final contract terms should match what was represented before the buyer committed.
- Used-car warranty protections: Service records documenting repeated or substantial defects can support warranty or implied-warranty theories under California law when applicable.
- Lender/assignee involvement: In some transactions, financing entities can be implicated based on the structure of the contract assignment and the underlying conduct.
California Lemon Law – Common Questions
Is this “dealer fraud” or just a bad deal?
Dealer fraud issues typically involve misstatements, missing disclosures, or terms that do not match what the buyer was led to believe at signing. The key is what was represented, what was documented, and whether the paperwork aligns.
Can a lender be involved in a California auto fraud case?
Sometimes. When financing is part of the same retail installment transaction, certain claims may involve the lender/assignee depending on the documents and how the transaction was structured.
Can repeated CVT/transmission problems support warranty-based relief in California?
They can, particularly when service records show repeated drivability issues, significant component repairs, or major transmission work. Whether a specific vehicle qualifies depends on warranty status, timing, and the documented pattern.
Does Torrance matter for my legal rights?
No. California protections are statewide. Torrance is simply where the owner is located; the same core consumer-protection and warranty principles apply across California.
Next Steps
If you suspect your purchase paperwork, financing, or disclosures didn’t match what you were told—or your vehicle keeps returning for the same drivability defects—take action while records are fresh. Deadlines can apply under California law.