Buie

Buie v. Palm Springs Motors, Inc.

Good Law
36 F. App'x 328
United States Court of Appeals for the Ninth CircuitJune 7, 2002Nos. 01-56035, 01-56213; D.C. Nos. CV-00-00168-VAP/Mcx, CV-00-00168-VAPCalifornia264 words

Opinion

Lead Opinion

MEMORANDUM **

Palm Springs Motors, Inc. (“PSM”) appeals the district court’s order granting summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

PSM argues that Buie fraudulently misrepresented his income on the credit application, and that this fraudulent misrepresentation acts as a bar to liability under the Truth in Lending Act (“TILA”). However, we have explicitly rejected the claim that equitable considerations are a defense to TILA liability. Semar v. Platte Valley Fed. Sav. & Loan Ass’n, 791 F.2d 699, 705 (9th Cir.1986) (“Congress did not intend for TILA to apply only to sympathetic consumers; Congress designed the law to apply to all consumers, who are inherently at a disadvantage in loan and credit transactions.”). PSM also claims that the alleged fraudulent inducements rendered the contract void ab initio; however, under California law a fraudulent inducement does not render the underlying contract void, but merely voidable. City of Oakland v. Cal. Constr. Co., 15 Cal.2d 573 , 104 P.2d 30, 32 (1940).

We need not address…

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