In Lobel Fin. Corp. v. Guiam, No. H044095, 2019 Cal. App. Unpub. LEXIS 7717, at *8 (Nov. 20, 2019), the Court of Appeal found that an automobile finance company's NOI withstood an ASFA challenge. In this case, respondent sent appellant an NOI pursuant to the ASFA. The terms of the NOI are not in dispute. What is in dispute is… Read More
In Baseline Financial Services, Inc. v. Hobbs, 2016 WL 7243531, at *4–6 (Cal.App. 4 Dist., 2016), the Court of Appeal in an unpublished decision found that an automobile lender complied with the mailing requirements of the ASFA. It is undisputed that Bank of the West sold the vehicle on March 18, 2010. Baseline presented in evidence an NOI with respect… Read More
In Ally Financial, Inc. v Trujillo, 2016 WL 4766225, at *6 (Cal.App. 6 Dist., 2016), the Court of Appeal held in an unpublished decision that class notice in an NOI class action adequately informed the class members of potential adverse tax consequences. On appeal, Trujillo and Riley contend that the class notice regarding tax consequences violates due process, and is therefore… Read More
In Aguayo v. U.S. Bank, 2016 WL 2609296, at *2-4 (S.D.Cal., 2016), Judge Whelan granted partial summary judgment to an NOI class action plaintiff who argued that US Bank's NOI violated state law. First, Judge Whelan rejected US Bank's conflict preemption argument. On September 24, 2009, this Court granted U.S. Bank's motion to dismiss the case based on the finding… Read More
In Flannery v. VW Credit, Inc., --- Cal.Rptr.3d ----, 2014 WL 7174376 (Cal.App. 2014), the Court of Appeal for the 4th Appellate District reversed a trial court’s sustaining of a demurrer without prejudice on a class action filed under California’s Vehicle Leasing Act. The VLA requires a statement be mailed to the debtor after repossession of a leased vehicle that… Read More
In Wright v. General Motors Acceptance Corp., --- Fed.Appx. ----, 2013 WL 6137482 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit affirmed in an unpublished opinion that an automobile customer who paid a small sum of money to set up his right to bring an NOI class action lacked UCL standing to bring the claim. On April… Read More
In Ramirez v. Balboa Thrift & Loan, 2013 WL 1151496 (Cal.App. 4 Dist. 2013), the California Court of Appeal for the 4th District reversed in an unpublished decision a trial court’s denial of class certification in an NOI case, finding that the trial court erred in finding that a creditor ought to be able to litigate individual issues of fraud… Read More
In Gardner v. Ally Financial Inc., --- A.3d ----, 2013 WL 765013 (Md. 2013), the Maryland Court of Appeals held that a $1,000 admission fee transformed a ‘public’ sale into a ‘private’ sale – the latter of which required more detailed post-repossession disclosures and accounting than were provided to the consumer. The issue before us is limited to the $1,000… Read More
In Bank of America, N.A. v. Sea-Ya Enterprises, LLC, 2013 WL 126268 (D.Del. 2013), Judge Andrews found that the purchase of an aircraft was not primarily for personal, family, or household purposes, thus allowing a Bank to pursue a post-repossession/post-sale deficiency balance notwithstanding purported irregularities in the liquidation sale notices. This suit is a loan deficiency action brought by Plaintiff… Read More
In a 2-1 unpublished opinion, the California Fifth District Court of Appeal reversed an order of dismissal following the sustaining of a demurrer in a post-repossession notice of intent (“NOI”) class action, Tucoemas Federal Credit Union v. See (2012) 2012 WL 5867382. The credit union filed a deficiency action against the borrower following her default on a retail installment contract. … Read More
