Rojas
Rojas v. Platinum Auto Group, Inc.
Opinion
Lead Opinion
Rubin, J.
Gonzalo Rojas appeals from the court’s judgment sustaining without leave to amend the first demurrers filed by defendants. We reverse as to defendants Platinum Auto Group, Inc., and Topaz Financial, Inc., affirm as to defendant State Farm Fire and Casualty Company, and remand for further proceedings.
FACTS AND PROCEEDINGS
On September 20, 2010, appellant Gonzalo Rojas bought a car from respondent Platinum Auto Group, Inc., doing business as Platinum Motors (Platinum), a car dealership in Marina Del Rey. Appellant put no cash down the day he bought the car. Instead, he made a deferred downpayment over the next three months consisting of four payments totaling $2,000: $1,000 on *1000 October 11, 2010; $500 on October 27, 2010; $250 on November 20, 2010; and $250 on December 23, 2010.
When appellant bought the car, Platinum filled out a retail installment sales contract, a form required by the Rees-Levering Motor Vehicle Sales and Finance Act (Rees-Levering) (Civ. Code, §§ 2981 et seq., 2981.9). 2 The sales contract contained a section for Platinum to enter information about the downpayment. Platinum should have entered appellant’s $2,000 downpayment on line 6D of that…