California Court of Appeal

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Lafferty v. Wells Fargo Bank, N.A., 080535

Affirmed the denial of an attorney fee award in a consumer lawsuit filed by purchasers of a defective motor home against the bank that held their consumer installment sales contract and which also sought attorney fees based on three California fee-shifting statutes. The bank argued that no attorney fees should be awarded, relying on the wording of 16 CFR 433.2, known as the Holder Rule. The Third Appellate District agreed with the bank that the Holder Rule precluded an award of attorney fees; however, the panel held that the purchasers could recover prejudgment interest and certain costs.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/07/19

Judges

  • Hoch

Court

  • California Court of Appeal

Counsel


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