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District Court (Cal.) Trebles Rosenthal Act Penalty Based on Elder-Abuse Statute

by Scott J. Hyman |

It was largely a run-of-the-mill letter case, regarding whether the Defendant complied with Camacho’s validation notice requirements (it didn’t).  But, Judge Koh took time from her busy schedule in the Apple v. Samsung mega-trial to find that California’s elder-abuse statute allowed trebling of a statutory penalty under the Rosenthal Act.  (Johnson v. CFS II, Inc., 2013 WL 1809081 (N.D.Cal. 2013)… Read More

California Superior Court Appellate Division Makes it Easier for Banks to Obtain Default Judgments; Orders Judicial Clerk to Enter Judgment on Open Book Accounts without further Proof

by Scott J. Hyman |

In HSBC Bank Nevada, N.A. v. Aguilar, --- Cal.Rptr.3d ----, 2012 WL 1813379 (Cal.Super.A.D. 2012), the Appellate Division of the Superior Court required the superior court clerk to enter default judgments in debt collection cases.  Once a default has been entered on proper service of process, no further prove-up is necessary and the court clerk’s requirement as a condition of… Read More

Court of Appeal (Cal.) Holds that Lemon Law Does Not Afford Loss-of-Use Damages for Defective Yacht without Incurring Actual Expense to Cover

by Scott J. Hyman |

In an unpublished decision involving a purportedly defective yacht, the California Court of Appeal held in Andersen v. Pacific Asian Enterprises, Inc., 2012 WL 130473 (Cal.App. 4 Dist. 2012) that the Song-Beverly Act does not afford loss-of-use damages in the absence of actual expenses expended to cover.  The facts were as follows.  In April 2003, Andersen entered into a contract… Read More

3rd Circuit Holds Fear of Identity Theft Not a Compensable Loss

by Scott J. Hyman |

In Reilly v. Ceridian Corp., --- F.3d ----, 2011 WL 6144191 (3rd Cir. 2011), the Court of Appeals for the Third Circuit held that fear of identity theft is not a compensable loss conferring Article III standing litigants in federal court.  The case arose from the following facts.  Ceridian is a payroll processing firm.  To process its commercial business customers'… Read More

Court of Appeal (Ga.) Reviews Damage Issue on $459 Million TCPA Case

by Scott J. Hyman |

In American Home Services, Inc. v. A Fast Sign Co., Inc., --- S.E.2d ----, 2011 WL 1782083 (Ga.App. 2011), the Georgia Court of Appeal held that the measure of damages under the TCPA (in a fax case) is based on receipt, not sent.   In reviewing a $459 million verdict, the Court of Appeal explained:    Even assuming—without deciding—that the evidence… Read More

Cal. Court of Appeal Addresses ‘Backdating’/Remedies under ASFA

by Scott J. Hyman |

In Nelson v. Pearson Ford Co., --- Cal.Rptr.3d ----, 2010 WL 2779307 (2010), the California Court of Appeal dealt with the issue of re-written contracts, the “single-document rule”, and remedies available under the Rees-Levering Automobile Sales Finance Act.  In Nelson, the Dealer sold car to buyer on Day 1.  The original contract was signed that day and the customer drove… Read More

Disagreement with Car Dealer Leads to $100,000 Punitive Damage Award, Reversed on Appeal

by Scott J. Hyman |

In Yovan v. Lithia Motors, Inc. --- P.3d ----, 2009 WL 704737 (Or.App. 2009), the Oregon Court of Appeal reviewed a trial court’s remittitur of a $100,000 punitive damages verdict arising out of a dispute surround a car dealer’s sale of a vehicle.   This case involves a complaint filed by plaintiff to rescind defendant's purchase of a car from… Read More