California Appellate Tracker

Gonzales v. CarMax Auto Superstores, LLC

October 31, 2016

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.

Benson v. Southern Cal. Auto Sales (2015) 239 Cal.App.4th 1198 held that notice and an opportunity to cure under Civ. Code 1782 is required before a prevailing plaintiff may recover attorney fees in a CLRA suit seeking damages. This decision holds that if the plaintiff seeks only injunctive relief under the CLRA and prevails, he can recover attorney fees despite not having given notice and an opportunity for cure.

Ninth Circuit Court of Appeals (unsigned order); January 6, 2017; 2017 WL 65394

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Gonzales v. CarMax Auto Superstores, LLC

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