California Court of Appeal

The trial court's order denying plaintiff's motion to certify a class on her unfair competition claim (UCL) alleging defendant violated the Rees-Levering Motor Vehicle Sales and Finance Act is reversed and remanded, where: 1) the trial court's reliance on California Civil Code section 2983.3(b)(1) was not a proper basis for denying class certification; and 2) the trial court's conclusion was based on an improper legal assumption, i.e., that defendant would be entitled to assert this statutory exception as a valid affirmative defense to the UCL claim alleged by class members who were given a reinstatement right in the Notice of Intention to Dispose of Motor Vehicle.

Appellate Information

• Decided 04/22/2013
• Published 04/22/2013

Judges

• HALLER

Court

• California Court of Appeal

Counsel