In May 2010, plaintiff Brandon Lissner, an unemployed 37 year old, bought a used Infinity G35 from Repossess Auto in Hawthorne with a $10,700 down payment. He then brought the Infinity home, where his mother said he could not afford it. Lissner and his mother subsequently returned to the dealership with the Infinity. The dealership took the Infinity back, exchanged it for a cheaper Nissan Altima and gave Lissner a credit of $10,700. Approximately four months later, Lissner took the Altima back to the dealership and demanded the return of his down payment and installment payments to date. The dealership refused to cancel the sale and return the payments. Lissner sued Repossess Auto and the owner of the business, Ali Awad. He alleged the defendants violated the Elder Abuse and Dependent Adult Civil Protection Act. Plaintiff’s counsel contended that Lissner suffers from bipolar disorder and that the dealership should not have sold the Infinity to him in the first place because Lissner could not afford to pay for it on his limited income. Counsel argued that the dealership should have returned his money instead of subsequently selling him the cheaper Altima. Plaintiff’s counsel further argued that the sale of the Altima was illegal because the sale price was approximately $5,000 more than the advertised price. Counsel contended Awad ratified the first sale and assisted in the second sale, and that all of the dealership employees who testified were dishonest about what happened. Counsel further contended that documents and employees’ testimony showed the sale was illegal. The defense’s expert psychologist testified that Lissner was capable of understanding the transaction and three dealership employees testified that the plaintiff was acting normal. The employees testified that Lissner called and asked a salesman for a ride to the dealership, brought proof of income, stopped at the bank and withdrew the down payment check, had a valid driver’s license, and negotiated a fair deal like any other normal person would. The defendants claimed that when Lissner was unhappy with the first sale, the dealership willingly exchanged the Infinity for the cheaper Altima as part of its dedication to customer service. They further claimed that the advertised price of the Altima was for the cash price and that financed prices were slightly higher as stated in the advertisement. In addition, the defendants contended that Lissner drove the Altima for about 1,500 miles before returning it, and that he never explained why he wanted his money back or why the dealership should return his money., Lissner claimed he lost the money he paid toward the purchase ($11,732) of the vehicle, which he sought as restitution. He further claimed that when the dealership would not return his money after he tried to return the Altima, he became upset and it triggered his bipolar disorder that was previously in remission. Thus, Lissner sought recovery of general damages for his emotional distress, and punitive damages for the defendant’s oppression, malice and fraud. Defense counsel argued that Lissner should not be awarded restitution because he drove the Altima for about 1,500 miles before returning it and because he never explained why he wanted his money back. Defense counsel contended that the plaintiff did not seek any medical treatment for his alleged emotional distress or bipolar disorder after the incident, so he could not have any general damages. The defense’s forensic psychology expert testified that it was impossible to know if Lissner had been harmed by anything that the defendants might have done.