Court of Appeal (Cal.) Finds that Holder’s Tender of “Correction” Money to the Court under CC 2983.4 Does Not Require “Admission” of Liability for Holder to Be the Prevailing Party

In Tun v. Wells Fargo Bank, the California Court of Appeal found that the Trial Court did not err in finding, pre-trial in limine, that an Automobile RISC Holder’s tender to the Court of money under Civil Code 2983.4 did not constitute an “admission of liability”.  When the Trial Court, despite a defense verdict in favor of the Dealer and the Holder, changed its mind and granted a new trial on the basis that the Holder’s tender was an “admission of liability”, the Court of Appeal reversed. Severson & Werson partner Mark Lonergan tried the case for the Holder, and Jan Chilton briefed and argued the appeal.