Thompson

Thompson v. 10,000 RV Sales, Inc.

Bad Law
130 Cal. App. 4th 950·2005 Cal. App. LEXIS 1031·2005 Daily Journal DAR 7933·31 Cal. Rptr. 3d 18·2005 Cal. Daily Op. Serv. 5806
Court of Appeal of CaliforniaJune 28, 2005D043908California10,158 words

Opinion

Opinion

Irion, J.

Defendant 10,000 RV Sales, Inc. (10,000 RV), appeals a judgment in favor of plaintiff Reta Thompson on her complaint for violations of the Automobile Sales Finance Act (ASFA) (Civ. Code, § 2981 et seq.), the Consumers Legal Remedies Act (CLRA) (§ 1750 et seq.), California’s unfair competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.) and other causes of action. The action arose in connection with a contract between Thompson and 10,000 RV for the purchase and sale of a previously owned motor home. The court found 10,000 RV violated various consumer protection statutes and its acts and practices constituted fraud, entitling Thompson to rescission of the contract, restitution, punitive damages and a permanent injunction. On appeal, 10,000 RV challenges only the validity of the injunction, which prohibits it from “rolling over [-] allowances on trade-in vehicles into the cash price of the motor homes [it] sells and backdating sales contracts.” We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On May 11, 2001, Thompson signed a conditional sale contract in the form required by the ASFA (contract) to purchase a previously owned 1995 Safari motor home from 10,000…

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