Ramirez

Filed 3/21/13; pub. order 4/12/13 (see end of opn.; order received from court 4/22/13)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

PATRICIA RAMIREZ, D060057

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2009-00099225-

CU-BT-CTL)

BALBOA THRIFT AND LOAN,

Defendant and Respondent.

APPEAL from an order of the Superior Court of San Diego County, Richard E. L.

Strauss, Judge. Reversed and remanded.

Patricia Ramirez appeals from an order denying her motion to certify a class on

her unfair competition claim (UCL) against Balboa Thrift and Loan (Balboa). Ramirez's

UCL claim is based on Balboa's alleged violation of the Rees-Levering Motor Vehicle

Sales and Finance Act (Rees-Levering Act or Act). (Civ. Code, § 2981 et seq.)

Ramirez contends the court erred in denying her class certification motion because

the court based its denial on an erroneous legal analysis of the Rees-Levering Act. We

conclude this contention has merit and reverse the order. We remand to permit the court

All further statutory references are to the Civil…