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Donovan v. RRL Corp. I

88 Cal. Rptr. 2d 143 (1999)

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Donovan v. RRL Corp. I

California Court of Appeal
88 Cal. Rptr. 2d 143 (1999)

  • Written by Haley Gintis, JD

Facts

Brian J. Donovan (plaintiff) saw an advertisement in the local newspaper from automobile dealer Lexus of Westminster (dealership) (defendant) for a 1995 Jaguar priced at $25,995. The next day, Donovan told the dealership he would buy the car for the advertised price. The dealership informed Donovan that the advertised price was a mistake and that the car was actually $37,016. Donovan accused the dealership of bait-and-switch advertising and tried to persuade the dealership to sell him the car at the advertised price. The dealership refused. Donovan filed suit for breach of contract on the ground that the advertisement constituted an offer that Donovan accepted. The trial court found that the advertised price was a mistake and returned a verdict for the dealership despite California Vehicle Code Section 11713.1 subdivision (e), which makes it unlawful for a dealership to fail to sell a vehicle at an advertised price. Donovan appealed.

Rule of Law

Issue

Holding and Reasoning (Rylaarsdam, J.)

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