United States District Court, D. New Jersey, Camden Vicinage
HECTOR L. HUERTAS, Plaintiff,
FOULKE MANAGEMENT CORP., CHERRY HILL MITSUBISHI, ANTHONY TRAPANI, et al., Defendants.
L. Huertas, pro se CAPEHART & SCATCHARD, P.A. By: Laura
D. Ruccolo, Esq.
OPINION [DOCKET NO. 5, 11, 17, 21, 25, 29]
RENÉE MARIE BUMB, UNITED STATES DISTRICT JUDGE.
se Plaintiff Hector Huertas brings this suit against
various defendants in connection with his purchase of a used
car on December 22, 2016. Huertas primarily asserts that he
was duped into purchasing a car on credit terms he ultimately
could not afford, at an inflated price. He seeks compensatory
/ statutory damages of $81, 092.40, punitive damages, and
costs of suit.
Foulke Management Corp., Cherry Hill Mitsubishi, Cherry Hill
Triplex, and Anthony Trapani (collectively “Foulke
Management”) move to compel arbitration. (Dkt No. 5)
Defendant “Capital One, N.A.” / “Capital
One Financial Corp.” (“Capital One”) also
separately moves to compel arbitration. (Dkt No.
In response to Capital One's motion, Huertas moves to
amend his complaint. (Dkt No. 21) Oral argument on all
outstanding motions was held on December 15, 2017. For the
reasons stated herein, Foulke Management's motion will be
granted, Huertas' Motion to Amend will be dismissed
without prejudice with leave to renew for failure to comply
with L. Civ. R. 7.1(f), and Capital One's motion to
compel arbitration will be administratively terminated
pending further proceedings with respect to Plaintiff's
proposed amended pleading.
Complaint alleges the following facts. Sometime in December,
2016, Foulke Management sent Huertas a “promotional
mailer” which appeared to indicate that Huertas had won
$25, 000.00. (Compl. ¶ 7) Huertas called the telephone
number on the mailer and was given an appointment time of
December 22, 2016 at 4 p.m. at the Cherry Hill Mitsubishi car
dealership. (Id. at ¶ 7-8)
December 22, 2016, Huertas arrived an hour early for his
appointment, and inquired about his prize at the front
counter. (Compl. ¶ 9) The employee behind the counter
explained that Huertas “had not won the $25, 000 grand
prize but had won a $50 gift card for restaurant.com.”
(Id. at ¶ 10) The employee then asked Huertas
whether he would like “to be evaluated for
prequalification for a car.” (Id. at ¶
11) Although initially reluctant, Huertas “then changed
his mind and agreed to be evaluated because he had already
made the trip via public transportation and did not want to
waste any more time making another trip to a dealer in the
future.” (Id. ¶¶ 12-13)
providing some “financial and credit information”
to Tyler Medina, Huertas “was qualified to purchase a
car with no money down.” (Compl. ¶¶ 16-18)
then took Huertas on test drives of three different vehicles,
including a 2013 Hyundai Sonata, which Huertas decided to
purchase. (Compl. ¶¶ 19, 22, 34 and Ex. H)
hours passed before Huertas joined Woodrow Wilson in the
finance office “to sign and finalize the
transaction.” (Compl. ¶ 41-42) By this time, it
was “about 9:00 p.m. closing time, ” and Huertas
“was extremely hungry, somewhat weak, exhausted from
waiting, and paranoid.” (Id. at ¶¶
Complaint further alleges:
45. Woodrow Wilson was sitting behind a desk with a stack of
documents and just told [Huertas] ‘sign here, here, and
here' while holding on to each document and pointing with
his index finger to the signature lines on the documents
where [Huertas] had to sign to complete the transaction.
46. [Huertas] focused only on these multiple signature lines
within the documents and did not focus on any other aspect of
the document due to his exhaustion while Woodrow Wilson took
back each document and then presented to [Huertas] one
document after another in rapid fire fashion while
maintaining physical control of the documents.
47. Woodrow Wilson stacked the documents on top of the desk
and maintained physical control, which procedure covered up
the documents underneath making it difficult for [Huertas] to
focus on any one document so that he never saw any
disclosures or even the titles of the documents.
48. Woodrow Wilson did not discuss any document with
[Huertas] other than instructing [Huertas] to sign on the
numerous signature lines within the documents.
49. 5 documents contained multiple signature lines or
clauses, while 6 documents contained one signature line.
(Compl. ¶¶ 45-49)
the transaction was completed, “at approximately 9:15
p.m., ” another salesperson drove Huertas and the car