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Court of Appeal (Cal.) Says FTC Holder Rule Does Not Cap Fees, but Is Limited to Sums Spent to Litigate Case Against the Holder; Says Holder’s Tender under Section 2983.4 Provides No Defense

by Scott J. Hyman |

In Duran v. Quantum Auto Sales, Inc., 2017 WL 6334220, at *5 (Cal.App. 4 Dist., 2017), the Court of Appeal held in an unpublished decision held that the FTC Holder Rule does not limit attorneys' fees but the Plaintiff's recovery against the Holder is limited to those fees/costs that resulted from litigation of claims against it. We therefore turn to Veros's alternative… Read More

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

by Scott J. Hyman |

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… Read More

Appellate Division (Cal.) Addresses Dealer/Holder’s Right to Cure under Rees-Levering Act (Civ. Code 2984)

by Scott J. Hyman |

In Munoz v. Express Auto Sales,--- Cal.Rptr.3d ----, 2014 WL 131195 (Cal.Super.A.D. 2014), , the Los Angeles County Appellate Division set forth how an automobile dealer can cure Rees-Levering violations under Civil Code 2984. Pursuant to a second amended complaint filed November 1, 2012, plaintiffs alleged that defendant violated the ASFA by failing to properly itemize the sources of the… Read More