Medina

Medina v. S. Coast Car Co.

Good Law
15 Cal. App. 5th 671·2017 Cal. App. LEXIS 820·223 Cal. Rptr. 3d 566·2017 WL 4128076
Court of Appeal of CaliforniaSeptember 19, 2017D069820California5,632 words

Opinion

lead Opinion

Benke, J.

*673 In June 2013, plaintiff and respondent Gerardo Medina (plaintiff or Medina) purchased a used 2008 Audi A4 automobile (2008 vehicle) from defendant and appellant South Coast Car Company, Inc. (SCCC). Defendant and appellant Veros Credit, LLC (Veros) subsequently accepted an assignment of Medina's retail installment sales contract (RISC) (SCCC and Veros are sometimes collectively referred to as defendants). Medina in his operative complaint alleged nine causes of action against defendants and others based primarily on his contention that SCCC engaged in wrongdoing in connection with the sale of the 2008 vehicle (hereinafter, underlying action), including under the Consumers Legal Remedies Act ( Civ. Code, § 1750 et seq., CLRA.).

The parties settled the underlying action on the eve of trial and subsequently entered into the Settlement and Mutual Release Agreement (Settlement). Under the Settlement, Medina agreed to dismiss his action with prejudice. SCCC, in return, agreed to pay Medina about $8,600.

Particularly relevant to this appeal, defendants also agreed that they would not "dispute [Medina's] underlying entitlement to attorneys' fees based upon the claims brought in the…

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