Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Huertas v. Foulke Managment, Corp.

United States District Court, D. New Jersey, Camden Vicinage

December 18, 2017

HECTOR L. HUERTAS, Plaintiff,
v.
FOULKE MANAGEMENT CORP., CHERRY HILL MITSUBISHI, ANTHONY TRAPANI, et al., Defendants.

          Hector 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.

         Pro 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.

         Defendants 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. 17)[1] 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.[2]

         I. FACTS

         The 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)

         On 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)

         After providing some “financial and credit information” to Tyler Medina, Huertas “was qualified to purchase a car with no money down.” (Compl. ¶¶ 16-18)

         Medina 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)

         Several 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 ¶¶ 42, 44)[3]

         The 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)

         After the transaction was completed, “at approximately 9:15 p.m., ” another salesperson drove Huertas and the car ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.