California Court of Appeal

In plaintiff's suit against a storage facility claiming, among other things, causes of action under the Unfair Business Practices Act and the Consumer Legal Remedies Act (CLRA) based on allegations that defendant violated the California Self-Service Facility Act (Act) by continuing to charge rent and late fees after terminating her right to use her storage unit in a notice of lien sale, trial court's grant of defendant's motion for summary judgment and defendant's subsequent no-merit motion regarding the CLRA claim is affirmed where: 1) the Act does not itself prohibit the charging of rent and late fees after termination of a renter's access to his or her unit; and 2) the Act defers to the underlying renter agreement for determination of what charges are proper and may be included in the lien, an issue that has been forfeited by plaintiff.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• SIMONS

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Ron Bochner, Ericksen Arbuthnot