Bermudez

Plaintiffs Eleonor Bermudez and Antonio Aceves bought a Cadillac Escalade from defendant Fulton Auto Depot, LLC, signing a retail installment sale contract. On the contract, Fulton Auto Depot overestimated the vehicle license fees by $2 and charged plaintiffs $58.25 for a smog check and certificate but failed to submit the vehicle to a smog check until four months later when the error was brought to its attention.

Plaintiffs sued defendants, Fulton Auto Depot and Patelco Credit Union, the holder of the note, for violations of the Automobile Sales Finance Act (Civ. Code, § 2981 et seq.; hereafter, ASFA). After a bench trial, the trial court entered judgment in favor of defendants.

On appeal, plaintiffs contend that they are entitled to remedies under the ASFA because they established that Fulton Auto Depot was untruthful in its disclosures on the retail installment sale contract and did not remedy the violations during the “safe harbor” time period. Their contentions are without merit. The slight overestimation of vehicle license fees and the delayed smog check do not entitle plaintiffs to remedies under the ASFA.

RECORD ON APPEAL

The record on appeal, designated by…