Weimer v. CONTINENTAL CAR & TRUCK, LLC

237 P.3d 610, 2010 Alas. LEXIS 81, 2010 WL 3190830
CourtAlaska Supreme Court
DecidedAugust 13, 2010
DocketS-13158
StatusPublished
Cited by1 cases

This text of 237 P.3d 610 (Weimer v. CONTINENTAL CAR & TRUCK, LLC) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weimer v. CONTINENTAL CAR & TRUCK, LLC, 237 P.3d 610, 2010 Alas. LEXIS 81, 2010 WL 3190830 (Ala. 2010).

Opinion

237 P.3d 610 (2010)

David Alan WEIMER, individually and on behalf of all others similarly situated, Appellant,
v.
CONTINENTAL CAR & TRUCK, LLC, d/b/a Continental Nissan of Anchorage, Appellee.

No. S-13158.

Supreme Court of Alaska.

August 13, 2010.

*611 Chris Bataille, Walther & Flanigan, Anchorage, Trena L. Heikes, Eagle River, for Appellant.

Howard S. Trickey, Gary C. Sleeper, Matthew Singer, Jermain Dunnagan & Owens, P.C., Anchorage, for Appellee.

Before: CARPENETI, Chief Justice, WINFREE and CHRISTEN, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

A consumer brought a putative class action lawsuit against an automobile dealership more than two years after he purchased a vehicle, alleging the dealership charged a document preparation fee not included in the vehicle's advertised price in violation of Alaska's Unfair Trade Practices and Consumer Protection Act (UTPA). The dealership moved to dismiss the complaint, arguing that the two-year UTPA statute of limitations barred the consumer's claim. The consumer argued that the limitations period did not begin to run until he discovered it might be illegal to charge a document preparation fee *612 not included in the vehicle's advertised price. The superior court dismissed the complaint before any class certification proceedings, entered final judgment, and awarded costs and attorney's fees to the dealership. Because the superior court correctly interpreted the UTPA statute of limitations and did not otherwise err, we affirm the superior court's decision in its entirety.

II. FACTS AND PROCEEDINGS

A. Facts

On May 20, 2005, David Alan Weimer purchased a vehicle from Continental Nissan of Anchorage. According to Weimer, after he agreed to buy the vehicle and without prior disclosure, Continental added a $200 document preparation fee in the final sale paperwork. At the time Weimer believed the fee was legal.

Approximately two years later Weimer learned from a friend that it might be illegal for car dealerships to charge document preparation fees. Weimer then showed his purchase agreement to an Anchorage law firm. In April or May 2007 an attorney from the firm told Weimer the dealership might have unlawfully charged the document preparation fee.

B. Proceedings

In September 2007 Weimer filed a class action complaint alleging that Continental "routinely breached" AS 45.50.471(b)(43) of the UTPA by charging fees and costs neither required by the state nor included in the vehicle's advertised price.[1] Weimer further alleged this conduct "was deceptive, fraudulent and misleading in violation of AS 45.50.471[ (b) ](11) & (12)" of the UTPA.[2] Weimer named himself the representative for a putative plaintiff class of "all persons who, since July 1, 2002, purchased from [Continental] a motor vehicle whose advertised price did not include dealer fees or costs ... but who were charged such dealer fees or costs."

Continental moved to dismiss the complaint, arguing the UTPA's two-year statute of limitations barred Weimer's claims. After Weimer filed an opposition to the motion accompanied by his affidavit, the superior court treated Continental's motion as one for summary judgment.[3] The court ruled that the UTPA's two-year statute of limitations barred Weimer's claims, but in its decision the court discussed only the AS 45.50.471(b)(43) document fee claim and not the AS 45.50.471(b)(11)-(12) fraud claims.

*613 Weimer requested reconsideration for three reasons. First, he argued that for the UTPA statute of limitations period to begin running the plaintiff must discover that the act in question was illegal. Second, he argued that the court should not have dismissed his UTPA fraud claim because, based on City of Fairbanks v. Amoco Chemical Company,[4] the statute of limitations for fraud claims does "not start to run until the plaintiff learns of the facts constituting the fraud." Third, he argued that before dismissal the court should have "allow[ed] him an opportunity to amend the complaint to add a representative plaintiff whose claim was not subject to dismissal based on the statute of limitations." Weimer did not include a proposed amended complaint with his motion for reconsideration. The court denied Weimer's reconsideration motion, finding his arguments duplicative of those previously considered by the court and noting "no class has ever been certified" and "[i]f another plaintiff has a valid claim and wishes to bring a class action th[e]n a new action can be filed."

The court then granted Continental's motion for entry of final judgment and awarded Continental costs and attorney's fees. Weimer appeals.

III. STANDARD OF REVIEW

We review a grant of summary judgment de novo, affirming the summary judgment when there is no genuine issue of material fact and the prevailing party is entitled to judgment as a matter of law.[5] When reviewing a decision granting summary judgment, we view the facts in the light most favorable to the party against whom summary judgment was entered.[6]

The applicable statute of limitations, the interpretation of that statute, and whether that statute bars a claim are questions of law.[7] We review such questions of law de novo, "adopt[ing] the rule of law that is most persuasive in light of precedent, reason, and policy."[8] The date on which a statute of limitations begins to run is a question of fact we review for clear error.[9]

We review a superior court's decision denying leave to amend a pleading for abuse of discretion.[10] We also use the abuse of discretion standard to review an award of attorney's fees.[11] Abuse exists if the court's decision "`is arbitrary, capricious, manifestly unreasonable, or the result of an improper motive.'"[12] Whether the court applied the proper legal analysis to calculate attorney's fees is a question of law we review de novo.[13]

IV. DISCUSSION

A. The UTPA's Two-Year Statute Of Limitations Barred All Of Weimer's UTPA Claims.

Paramount to resolving this case is the interpretation of the UTPA statute of limitations: *614 "A person may not commence an action under this section more than two years after the person discovers or reasonably should have discovered that the loss resulted from an act or practice declared unlawful by AS 45.50.471."[14]

This presents an issue of first impression—when does the statute of limitations begin to run on a UTPA claim? Weimer argues the two-year limitations period begins to run when the plaintiff discovers the defendant's acts were unlawful. Continental argues a plaintiff's subjective knowledge of the act's illegality is immaterial, and the statute begins to run when the plaintiff discovers a loss that resulted from the proscribed act.

When deciding questions of statutory interpretation, we examine the statute's language, its purpose, and its legislative history.[15] We have made clear that "`[t]he goal of statutory construction is to give effect to the legislature's intent, with due regard for the meaning the statutory language conveys to others.'"[16]

Although the legislative history here is silent as to the legislature's intent,[17] the statutory language and structure are dispositive.

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Cite This Page — Counsel Stack

Bluebook (online)
237 P.3d 610, 2010 Alas. LEXIS 81, 2010 WL 3190830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weimer-v-continental-car-truck-llc-alaska-2010.