Bescos
Bescos v. Bank of America, NT & SA
Opinion
Opinion
Todd, J.
In this appeal from a summary judgment, the primary issue is whether a lending institution, which finances a vehicle lease but is not an agent of the automobile dealer in the lease transaction, may be responsible as a lessor for misrepresentations made by the dealer in violation of the California Vehicle Leasing Act (Civ. Code, § 2985.7 et seq.), when the misrepresentations were unknown to the lending institution and not apparent on the face of the leasing agreement. We affirm the judgment in favor of the lending institution, finding that appellant lessee did not raise a triable issue of material fact that the lending institution was substantially involved in the leasing transaction so as to be considered a lessor.
Factual and Procedural Background
Plaintiff and appellant Joseph A. Bescos sued Vince Wiese Chevrolet, doing business as Scott Irvin Chevrolet, an automobile dealer from which he leased a vehicle, and respondent Bank of America, NT & SA, which financed the lease. Appellant sought damages for misrepresentations in the vehicle lease transaction, asserting violations of the California Vehicle Leasing Act (Civ. Code, § 2985.7 et seq., hereafter VLA) and the…