United Auto Credit Corporation v. Lawrence S. Mesngon, individually and Does 1 through 10, inclusive
Published: Feb. 6, 2016 | Result Date: Dec. 16, 2015 | Filing Date: Jan. 1, 1900 |Case number: HG14747897 Settlement – Equitable Settlement
Court
Alameda Superior
Attorneys
Plaintiff
Kristin Anna Kemnitzer
(Kemnitzer, Barron & Krieg LLP)
Bryan Kemnitzer
(Kemnitzer, Barron & Krieg LLP)
Defendant
Facts
United Auto Credit Corp. sued Lawrence Mesgnon. Mesgnon, in turn, filed a putative class action against UAAC.
Contentions
DEFENDANT/CROSS-PLAINTIFF'S CONTENTIONS:
Defendants were purchasers of motor vehicles who have had their vehicles repossessed or voluntarily surrendered. Plaintiff sent defendants Notices of Our Plan To Sell Vehicle that allegedly failed to comply with California regulations. Defendants also claimed plaintiff was not entitled to collect a deficiency on repossessed vehicles that were subsequently sold to a third party. Thus, defendants filed a cross-complaint against plaintiff for violations of the Civil Code of California and Business and Professions Code.
Result
The parties reached a settlement that provided both monetary and injunctive relief. As part of the settlement, eligible class members may be qualified to receive the actual deficiency amount paid to UACC. Others may be qualified to receive only a portion of that amount. UACC also agreed to cease collection efforts.
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