Hart

Hart v. AUTOWEST DODGE

Good Law
147 Cal. App. 4th 1258·2007 Cal. App. LEXIS 258·2007 Daily Journal DAR 2547·55 Cal. Rptr. 3d 249·2007 Cal. Daily Op. Serv. 2042
Court of Appeal of CaliforniaFebruary 26, 2007C050384California2,080 words

Opinion

Opinion

Sims, J.

In this action alleging violations of the Vehicle Leasing Act (Civ. Code, § 2985.7 et seq.; VLA) and the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; UCL), plaintiff Lisa Hart appeals from a judgment dismissing with prejudice her action against defendant Autowest Dodge for lack of evidence and from an order awarding attorney’s fees. Plaintiff contends the trial court improperly denied leave to amend her complaint, improperly dismissed her lawsuit under an erroneous fact pleading standard, and improperly awarded attorney’s fees under section 2988.9. In an unpublished portion of the opinion, we shall affirm the judgment. In the published portion of the opinion, we affirm the attorney’s fees award.

FACTUAL AND PROCEDURAL BACKGROUND OF THE DISMISSAL OF PLAINTIFF’S COMPLAINT*

DISCUSSION

I. Appeal from Judgment

H. Appeal from Order Regarding Attorney’s Fees

After the trial court dismissed plaintiff’s complaint with prejudice on the first day of trial, for lack of evidence, defendant filed a motion for attorney’s fees pursuant to section 2988.9 (which we quote post). Defendant alleged that defendant was the prevailing party in an action on a contract subject…

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