GMAC

South Bay Chevrolet v. General Motors Acceptance Corp.

Good Law
1999 Cal. App. LEXIS 546·72 Cal. App. 4th 861·85 Cal. Rptr. 2d 301·99 Daily Journal DAR 5413
Court of Appeal of CaliforniaMay 5, 1999P029464California17,768 words

Opinion

Opinion

Kremer, J.

Plaintiff South Bay Chevrolet appeals a judgment after court trial favoring defendant General Motors Acceptance Corporation (GMAC) on South Bay’s complaint for GMAC’s alleged unfair business practices violating Business and Professions Code section 17200. Asserting GMAC engaged in unfair business practices as a matter of law, South Bay contends the court erred in not granting South Bay judgment on its individual claim under section 17200. South Bay also contends the court erred in granting GMAC’s motion for judgment under Code of Civil Procedure section 631.8 on South Bay’s “private attorney general” claim under section 17200. Further, South Bay asserts various evidentiary errors, attacks the denial of its summary judgment motion, and challenges the cost award to GMAC. We affirm the judgment.

I

Introduction

GMAC provided short-term loans to finance automotive dealership South Bay’s purchases of vehicles for resale. Consistent with industry practice, GMAC calculated interest on such loans based upon a 360-day year (the 365/360 method).

South Bay filed this lawsuit alleging GMAC violated section 17200 by using the 365/360 interest calculation method assertedly “without…

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