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Multiple class actions challenging motor vehicle service agreements under California Warranty Act may indicate a trend

Pillsbury Winthrop Shaw Pittman LLP
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USA
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May 15 2009

Motor vehicle service agreements have come under attack for allegedly running concurrently with and covering the same items as the manufacturer’s factory warranty

CA Court of Appeal finds three-arbitrator panel contract provision unenforceable

Pillsbury Winthrop Shaw Pittman LLP
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USA
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September 10 2009

In Parada v. Superior Court, 2009 DJDAR 12745 (August 27, 2009), the Fourth District Court of Appeal held an arbitration clause in contracts between an investment company and its customers requiring a three-arbitrator panel was unconscionable and therefore unenforceable where the company failed to justify it

CA Supreme Court approves bank recovery of overdrafts and fees from accounts containing public benefit direct deposits

Pillsbury Winthrop Shaw Pittman LLP
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USA
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June 10 2009

Miller v. Bank of America, No. S149178, __ Cal. 4th __ (2009), issued June 1, 2009, authorizes banks to recoup overdrafts and bank fees occurring within a single account and confirms that these setoffs are not governed by Kruger v. Wells Fargo Bank, 11 Cal. 3d 352, 356 (1974

California Supreme Court rules intentional discrimination not required for Unruh Civil Rights Actclaims involving ADA violations

Pillsbury Winthrop Shaw Pittman LLP
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USA
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June 22 2009

In Munson v. Del Taco, Inc., No. S162818, __ Cal. 4th __ (2009), issued June 11, 2009, the Supreme Court held that a plaintiff who seeks Civil Code 52 damages for a violation of the Americans with Disabilities Act of 1999 under the Unruh Civil Rights Act is not required to prove intentional discrimination

CA Court of Appeal confirms unlicensed subcontractor’s workers may assert wage claims against general contractor

Pillsbury Winthrop Shaw Pittman LLP
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USA
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July 9 2009

In Sanders Construction Company, Inc. v. Cerda, 2009 DJDAR 9714, issued June 29, 2009, the Fourth District Appellate Court confirmed that, by operation of Labor Code 2750.5, an unlicensed subcontractor’s workers are statutory employees of the general contractor, which may obligate it to pay their wages

No free ride: 9th Circuit permits lender to repossess vehicle when bankruptcy debtor fails to recommit

Pillsbury Winthrop Shaw Pittman LLP
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USA
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November 3 2009

In Dumont v. Ford Motor Credit Company, the Ninth Circuit Court of Appeals confirms the Bankruptcy Code does not protect a debtor’s personal property collateral if the debtor fails to commit to redeem, reaffirm or assume the underlying loaneven if the debtor continues timely to make loan payments

California appellate court confirms that certain construction managers need not be licensed contractors

Pillsbury Winthrop Shaw Pittman LLP
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USA
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April 3 2009

In a March 30, 2009 decision, California’s Second District appellate court concluded that the Legislature had not defined the term "contractor" to include construction managers who take responsibility for many aspects of construction project management, but who stop short of undertaking the actual modifications to real property

Recurring monthly late fees generated by single late auto loan payment found permissible

Pillsbury Winthrop Shaw Pittman LLP
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USA
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December 16 2009

The California Second District Court of Appeal confirms that assessing recurring late fees for successive late payments does not violate California’s Rees-Levering Automobile Sales Finance Act and, in turn, is not an unfair business practice under California’s Unfair Competition Law

California court revives CLRA class action on ‘inference of common reliance'

Pillsbury Winthrop Shaw Pittman LLP
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USA
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March 15 2010

Recently, a Court of Appeals reversed the lower court's denial of a California Consumers Legal Remedies Act class certification where the purchaser of colored roof tiles alleged that the color eroded to bare concrete much earlier than their stated 50-year life span

California’s ASFA construed to permit leeway in consumer disclosures

Pillsbury Winthrop Shaw Pittman LLP
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USA
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December 22 2009

The California Third District Court of Appeal held that a dealership’s overestimation of vehicle license fees by two dollars and four-month delay in obtaining a smog check and certification do not violate California’s Rees-Levering Automobile Sales Finance Act

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