Pompey

INTRODUCTION

In November 2014, plaintiff and appellant Andre Pompey purchased a recreational vehicle (RV) from a dealership that is not a party to this appeal. Defendant and appellant Bank of Stockton (the Bank) assisted Pompey by financing the purchase of his vehicle. A little over two years later, Pompey sued, among others, the dealership and the Bank, claiming his retail installment sales contract failed to contain several statutorily required disclosures. Pompey ultimately proceeded on the allegation that the dealership violated the Automobile Sales Finance Act (Civ. Code, § 2981 et seq.; hereafter, ASFA) 1 by failing to appropriately disclose in the written contract the portion of his downpayment made in cash, and the portion made in trade-in value of another vehicle. Failure to make these written disclosures as required by law allows the plaintiff a choice of remedies: either continuing the contract in force, or recovering the full amount paid to the dealership and/or its assignee (in this case, the Bank) and returning the vehicle. (§§ 2983, 2983.1.) Pompey chose the latter. The question posed by this appeal is whether this cause of action falls within the one-year statute…