California Court of Appeal

In this case, plaintiff alleges that by virtue of defendant’s failure to comply with provisions of California’s Vehicle Leasing Act, defendant violated California’s Fair Debt Collection Practices Act and Unfair Competition Law. Defendant’s motion to dismiss the appeal as untimely is denied, and the trial court’s dismissal is reversed, where: 1) plaintiff filed a timely notice of appeal from the second dismissal; and 2) although the doctrine of substantial compliance has been employed when doing so avoids injustice and is consistent with the purposes of a particular statute, those considerations are not present here, given that defendant failed to provide consumers with notice of their right to an appraisal upon early termination of their automobile leases in the language prescribed by Civil Code section 2987.

Appellate Information

• Decided 12/17/2014
• Published 12/17/2014

Judges

• Benke

Court

• California Court of Appeal

Counsel