Medina v. S. Coast Car Co.

223 Cal. Rptr. 3d 566, 15 Cal. App. 5th 671, 2017 WL 4128076, 2017 Cal. App. LEXIS 820
CourtCalifornia Court of Appeal, 5th District
DecidedSeptember 19, 2017
DocketD069820
StatusPublished
Cited by2 cases

This text of 223 Cal. Rptr. 3d 566 (Medina v. S. Coast Car Co.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medina v. S. Coast Car Co., 223 Cal. Rptr. 3d 566, 15 Cal. App. 5th 671, 2017 WL 4128076, 2017 Cal. App. LEXIS 820 (Cal. Ct. App. 2017).

Opinion

BENKE, Acting P. J.

*673In June 2013, plaintiff and respondent Gerardo Medina (plaintiff or Medina) purchased a used 2008 Audi A4 automobile (2008 vehicle) from defendant and appellant South Coast Car Company, Inc. (SCCC). Defendant and appellant Veros Credit, LLC (Veros) subsequently accepted an assignment of Medina's retail installment sales contract (RISC) (SCCC and Veros are sometimes collectively referred to as defendants). Medina in his operative complaint alleged nine causes of action against defendants and others based primarily on his contention that SCCC engaged in wrongdoing in connection with the sale of the 2008 vehicle (hereinafter, underlying action), including under the Consumers Legal Remedies Act ( Civ. Code, § 1750 et seq., CLRA.).

The parties settled the underlying action on the eve of trial and subsequently entered into the Settlement and Mutual Release Agreement (Settlement). Under the Settlement, Medina agreed to dismiss his action with prejudice. SCCC, in return, agreed to pay Medina about $8,600.

Particularly relevant to this appeal, defendants also agreed that they would not "dispute [Medina's] underlying entitlement to attorneys' fees based upon the claims brought in the [underlying a]ction"; that Medina "shall be deemed the prevailing party on all causes of action for purposes of the motion" for attorney fees; that defendants "reserve the right to dispute the reasonableness of the attorneys' fees, costs, and prejudgment interest claimed to have been incurred" by Medina; and that defendants "maintain all defenses as to the limitations on the amount of attorneys' fees, costs, and prejudgment interest."

On appeal (and despite the Settlement), defendants contend the court erred when it awarded Medina attorney fees, costs and prejudgment interest. Specifically, defendants contend that, although Medina was the prevailing party as provided under the Settlement, Veros was not liable to pay any portion of his fees and costs as it was merely the "holder" of the RISC and thus, its liability was limited to the amounts paid by Medina, or about $8,600, and that Medina, in any event, was not entitled to any such award because he previously had rejected SCCC's offer to rescind the RISC.

*674As we explain, we disagree with defendants' contentions and affirm the order granting Medina attorney fees, costs and prejudgment interest.

BACKGROUND

At all times relevant, SCCC operated a used car dealership located in Escondido, California. In June 2013, Medina was in the market to purchase a car. Medina in the past had purchased other cars from SCCC. Before purchasing the 2008 vehicle, Medina reviewed online SCCC's inventory of available cars that included the 2008 vehicle. Medina believed the advertised price of the 2008 vehicle was $13,995. After going to the Escondido location and test driving the 2008 vehicle, Medina purchased it from SCCC for about $15,500. In connection *569with the purchase, Medina entered into the RISC, which, as noted, was subsequently assigned to Veros.

Medina filed his complaint against defendants on October 4, 2013. In that complaint, Medina alleged nine causes of action. With respect to his CLRA cause of action, Medina then sought only equitable and injunctive relief. Medina filed a first amended complaint (operative complaint) in late November 2013, which also included a request for damages with respect to his CLRA cause of action.

The operative complaint alleged that, shortly after Medina purchased the 2008 vehicle, the "oil" light for the 2008 vehicle illuminated; that Medina went to a gas station and added oil, then drove to SCCC to get an oil change; that when a mechanic at SCCC hoisted up the 2008 vehicle, the mechanic discovered a large hole in the oil pan had been sealed with silicone; that in response, SCCC agreed to order a new part for the 2008 vehicle; and that about three or four days later when Medina returned to SCCC, he was told the dealership would not order the replacement part because it believed Medina was responsible for the repair. As a result, Medina contacted an attorney in August 2013. The operative complaint alleged it was then Medina learned for the first time that the 2008 vehicle had been in a prior accident.

The operative complaint further alleged that on September 30, 2013, Medina sent defendants a CLRA "notification and demand letter." The record shows the September 30 letter alleged defendants violated the CLRA by "(1) falsely advertising the price of the Vehicle; (2) selling the Vehicle for more than the advertised price ...; (3) advertising the Vehicle with the intent not to sell it as advertised; (4) failing to provide customers with copies of their signed credit applications; (5) failing to provide customers with required financial disclosures regarding their credit ...; (6) misrepresenting to customers they would receive a CarFax as part of purchase transactions; (7) failing to disclose the Vehicle had sustained prior accident damage; (8) falsely *675stating GAP insurance is required to obtain financing; and (9) failing to incorporate all agreements between the buyer and seller regarding payment in a single document."

The September 30 letter sought rescission of the RISC, return of all payments made up to then by Medina and payment of "incidental and consequential damages" and legal fees Medina incurred "in enforcing his legal rights." The letter also requested that SCCC "consent to the entry of a specific injunction preventing any further predatory acts against the public," including preventing SCCC from "engaging in any of the nine aforementioned illegal acts," and that it allow "monitoring of its sales files to ensure future compliance." The letter informed defendants that Medina was preparing to file a lawsuit alleging a claim for equitable and injunctive relief under the CLRA as well as other claims, and that defendants had "30 days from [their] receipt of this letter to remedy [their] illegal conduct to avoid a claim for damages under the CLRA."

The operative complaint alleged causes of action against defendants including for violation of the CLRA, rescission of the RISC for violation of the Automobile Sales Finance Act ( Civ. Code, § 2981 et seq., ASFA), unlawful, unfair or fraudulent business practices ( Bus. & Prof. Code, § 17200 et seq., UCL) and fraudulent and negligent misrepresentation. In the prayer for relief, Medina sought general and punitive damages, rescission of the RISC, injunctive relief, prejudgment interest and reasonable attorney fees "as permitted by law (including, but not limited to [under]

*570Civil Code §§ 1780(d), 1794, and Code of Civil Procedure § 1021.5 )."

On October 16, 2013, SCCC sent Medina a written response to his September 30 letter. The October 16 letter stated that SCCC "denie[d] the claims and allegations" set forth in the September 30 letter; that SCCC "did nothing wrong and complied with all disclosures as required by law"; that without admitting any fault or liability, SCCC would be willing to "settle all alleged claims against" it, as opposed merely to Medina's damage claim under the CLRA; and that defendants' settlement offer was made pursuant to Evidence Code sections 1152 and 1154. (Italics removed.)

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Cite This Page — Counsel Stack

Bluebook (online)
223 Cal. Rptr. 3d 566, 15 Cal. App. 5th 671, 2017 WL 4128076, 2017 Cal. App. LEXIS 820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-s-coast-car-co-calctapp5d-2017.