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California Court of Appeal


Nelson v. Pearson Ford Co., D054369

In plaintiff's suit against a car dealer claiming violations of the Automobile Sales Finance Act, California's unfair competition law, and the Consumers Legal Remedies Act, arising from a backdated car sales contract that resulted in plaintiff paying interest for a time period when no contract existed, and for erroneously adding the insurance premium to the sales price of the car, trial court's certification of the matter into two class actions and judgment are affirmed in part, reversed in part and remanded where: 1) trial court's judgment that defendant is not liable to the backdating class under the ASFA and the CLRA is reversed; 2) trial court's award of remedies to the insurance class under the ASFA and the UCL, and the permanent injunction issued under the UCL as to the insurance class is reversed; 3) the judgment returning to defendant any sums remaining after the payment of all valid claims is reversed; and 4) the judgment is affirmed in all other respects.

Appellate Information

  • Decided 07/15/2010
  • Published 07/15/2010

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Hallen D. Rosner, S. Thomas Todd

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