Ramirez

Patricia Ramirez appeals from an order denying her motion to certify a class on her unfair competition law (UCL; Bus. & Prof. Code, § 17200 et seq.) claim against Balboa Thrift and Loan (Balboa). Ramirez’s UCL claim is based on Balboa’s alleged violation of the Rees-Levering Motor Vehicle Sales and Finance Act (Rees-Levering Act or Act). (Civ. Code, § 2981 et seq.)

Ramirez contends the court erred in denying her class certification motion because the court based its denial on an erroneous legal analysis of the Rees-Levering Act. We conclude this contention has merit and reverse the order. We remand to permit the court to consider the propriety of the class certification motion without the improper legal analysis.

FACTUAL AND PROCEDURAL BACKGROUND

In December 2006, Ramirez purchased an automobile from a Honda dealer under a conditional sale contract obligating her to make monthly payments. As part of the purchase, Ramirez filled out a credit application. Shortly after the purchase, the dealer assigned the contract to Balboa. During the next three years, Ramirez often missed required payments. In about May 2009, Ramirez stopped making payments and voluntarily surrendered…