Valdez
Valdez v. Seidner-Miller, Inc.
Opinion
Lead Opinion
Feuer, J.
*602 Refugio Valdez alleged Seidner-Miller, Inc. (Seidner), violated the Consumer Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq. ), the unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq. ), and Civil Code section 1632 1 (requiring translation of certain contracts), and committed fraud in connection with Seidner's lease of a vehicle to Valdez and his wife. Valdez appeals from a judgment entered following the trial court's grant of summary judgment in favor of Seidner. Relying on Benson v. Southern California Auto Sales, Inc. (2015) 239 Cal.App.4th 1198 , 1205, 192 Cal.Rptr.3d 67 ( Benson ), the trial court ruled Seidner made a timely and "appropriate" offer to correct the alleged CLRA violations, barring Valdez's *271 claim under the CLRA for damages and injunctive relief, as well as his section 1632, UCL, and fraud claims, because the claims were "inextricably intertwined" and based on the same conduct.
On appeal, Valdez contends Seidner's correction offer was not timely or appropriate under the CLRA. Although we conclude Seidner's correction offer was timely, it was not appropriate. To the extent Benson reached a contrary conclusion, we disagree with it. Where…