Auto Finance

The trial court abused its discretion in denying a prevailing plaintiff attorney fees since the defendant’s initial settlement offer (which the plaintiff rejected) did not comply with section 998. Read More

When a trial court applies a substantial negative multiplier to a presumptively accurate lodestar attorney fee amount, the court must clearly explain its case-specific reasons for the percentage reduction, and the trial court abuses its discretion if the reasons for the reduction include tying the fee award to some proportion of the buyer’s damages. Read More

There is no private right of action for a violation of Bus. & Prof. Code 9884.9, which requires car repair facilities to provide the customer a written estimate and obtain written customer approval before beginning repairs on a car. Read More

When a dealer spot delivers a car but later recalls the buyer to rewrite the deal, the dealer may charge interest from the date of the spot delivery and may backdate the new contract to the delivery date without violating California's Automobile Sales Finance Act so long as the rewritten contract discloses an APR accurately or within Truth in Lending… Read More

The standard Law Printing car contract, which requires the buyer to proceed to a second arbitration before a three-arbitrator panel if the first arbitration before a single arbitrator results in an award exceeding $100,000, is enforceable.  Read More

A defendant may tender the amount it estimates the plaintiff is entitled to under the Automobile Sales Finance Act without admitting liability, and may recover the tendered sum plus costs and attorney fees if the plaintiff recovers less at trial.  Read More

A car dealer selling a “certified” used car must provide the buyer, before the sale, with an inspection report that lists each part that was inspected and states how the part performed on inspection; failure to provide the report violates the Consumers Legal Remedies Act and the Unfair Competition Law.  Read More

Plaintiff reasonably rejected earlier settlement offers requiring general releases and nondisclosure agreements and so was properly awarded her attorney fees under the Song-Beverly Warranty Act after agreeing to a settlement lacking those provisions.  Read More

In compliance with the Rees-Levering Act, a car purchase agreement properly disclosed the buyer’s $3,000 as a down payment, rather than as a deferred down payment, even though the payment was by post-dated checks that the dealer orally agreed not to deposit for several days.  Read More