This case was last updated from Los Angeles County Superior Courts on 07/08/2019 at 02:51:35 (UTC).

ISRAEL MONTALVO VS. SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC.

Case Summary

On 02/28/2018 ISRAEL MONTALVO filed a Contract - Other Contract lawsuit against SOUTHCOAST AUTOMOTIVE LIQUIDATORS, INC. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are KRISTIN S. ESCALANTE and MARGARET MILLER BERNAL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6965

  • Filing Date:

    02/28/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

KRISTIN S. ESCALANTE

MARGARET MILLER BERNAL

 

Party Details

Plaintiffs

MONTALVO ISRAEL AN INDIVIDUAL

MONTALVO ISRAEL

Defendants and Cross Plaintiffs

EXETER FINANCE LLC

SOUTHCOAST AUTOMOTIVE LIQUIDATORS INC.

DISCOUNT AUTO PLAZA

AMERICAN SAFETY CASUALTY INSURANCE

Cross Defendant and Defendant

SOUTHCOAST AUTOMOTIVE LIQUIDATORS INC.

Attorney/Law Firm Details

Plaintiff Attorneys

THE SADR LAW FIRM APLC

SADR KASRA

HEYDARI NIMA SAM

Defendant and Cross Plaintiff Attorneys

SIMMONDS & NARITA LLP

MAYILYAN LIANA

TOPOR JEFFREY ALAN

 

Court Documents

Notice of Case Management Conference

2/28/2018: Notice of Case Management Conference

Civil Case Cover Sheet

2/28/2018: Civil Case Cover Sheet

Legacy Document

2/28/2018: Legacy Document

Summons

2/28/2018: Summons

Answer

4/2/2018: Answer

Legacy Document

4/4/2018: Legacy Document

Summons

4/4/2018: Summons

Summons

4/4/2018: Summons

Cross-Complaint

4/4/2018: Cross-Complaint

Proof of Service - No Service

4/18/2018: Proof of Service - No Service

Legacy Document

4/18/2018: Legacy Document

Legacy Document

4/18/2018: Legacy Document

Application

5/21/2018: Application

Request for Dismissal

6/12/2018: Request for Dismissal

Notice of Rejection

7/9/2018: Notice of Rejection

Legacy Document

7/26/2018: Legacy Document

Request for Dismissal

8/2/2018: Request for Dismissal

Case Management Statement

8/14/2018: Case Management Statement

52 More Documents Available

 

Docket Entries

  • 05/22/2019
  • at 1:30 PM in Department W, Kristin S. Escalante, Presiding; Mandatory Settlement Conference (MSC) - Held - Advanced and Heard

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  • 04/24/2019
  • at 09:30 AM in Department F, Margaret Miller Bernal, Presiding; Non-Jury Trial - Not Held - Continued - Stipulation

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  • 04/23/2019
  • at 09:30 AM in Department C; Mandatory Settlement Conference (MSC) - Held

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  • 04/23/2019
  • Minute Order ( (Mandatory Settlement Conference (MSC))); Filed by Clerk

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  • 04/19/2019
  • at 1:30 PM in Department C; Ruling on Submitted Matter

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  • 04/19/2019
  • Minute Order ( (Ruling on Submitted Matter)); Filed by Clerk

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  • 04/19/2019
  • Certificate of Mailing for (Minute Order (Ruling on Submitted Matter) of 04/19/2019); Filed by Clerk

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  • 04/18/2019
  • Order (RULING)

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  • 04/16/2019
  • at 1:30 PM in Department W, Kristin S. Escalante, Presiding; Mandatory Settlement Conference (MSC) - Not Held - Continued - Court's Motion

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  • 04/16/2019
  • Minute Order ( (Mandatory Settlement Conference (MSC))); Filed by Clerk

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87 More Docket Entries
  • 04/04/2018
  • Summons Filed; Filed by Atty for Defendant and Cross-Compl

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  • 04/02/2018
  • Answer; Filed by EXETER FINANCE LLC (Defendant)

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  • 04/02/2018
  • Answer; Filed by Attorney for Defendant

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  • 02/28/2018
  • Summons; Filed by ISRAEL MONTALVO (Plaintiff)

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  • 02/28/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/28/2018
  • Notice-Case Management Conference; Filed by Clerk

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  • 02/28/2018
  • Civil Case Cover Sheet; Filed by ISRAEL MONTALVO (Plaintiff)

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  • 02/28/2018
  • Complaint filed-Summons Issued; Filed by Attorney for Plaintiff

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  • 02/28/2018
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 02/28/2018
  • Complaint filed-Summons Issued; Filed by ISRAEL MONTALVO (Plaintiff)

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Tentative Rulings

Case Number: VC066965    Hearing Date: October 06, 2020    Dept: C

MONTALVO v. SOUTHCOAST AUTOMOTIVE GROUP, INC.

CASE NO.: VC066965

HEARING: 10/6/20

JUDGE: OLIVIA ROSALES

[Remote appearances are encouraged and will be given priority.]

#7

TENTATIVE ORDER

Plaintiff Montalvo’s motion for attorney’s fees and costs is DENIED.

Opposing Party to give NOTICE.

Plaintiff Montalvo moves for attorney’s fees and costs against Exeter Finance, LLC pursuant to CC § 1780(d).

Plaintiff’s complaint alleges that her dealer, Southcoast Automotive Group, Inc. dba Galaxy Auto Mall, sold her a defective vehicle. Plaintiff’s claims against Exeter Finance, LLC are based on the Holder Rule, which holds a commercial lender liable for claims against the seller of goods or services.

On 8/2/18, Plaintiff dismissed the dealer, Southcoast Automotive Group, Inc.

Plaintiff settled with Defendant Exeter Finance LLC for $2,500.00. The settlement agreement deems Plaintiff as the prevailing party under her CLRA claim. (Sadr Decl., Ex. 1.)

Plaintiff now seeks $47,445.00 in attorney’s fees.

The CLRA provides for recovery of attorneys fees to a “prevailing party plaintiff in litigation filed pursuant to this section.” (CC § 1780(d).) In Lafferty v. Wells Fargo Bank, N.A., the dealer did not appear for trial. Plaintiff and the Holder Defendant, Wells Fargo, settled their claims under CLRA. The court held:

[T]he Laffertys may assert causes of action against Wells Fargo under the Holder Rule only to the extent they have separately arising claims against Geweke. ‘[P]rivate actions to vindicate rights asserted under the [FTC] may not be maintained.’ . . . Thus, the Laffertys must ‘borrow’ a cause of action from another statute or common law source to assert a claim against Wells Fargo.” . . . . For purposes of the CLRA, borrowing a cause of action under the CLRA is not the same as a cause of action “filed pursuant to” Civil Code section 1780. The Laffertys’ cause of action under the CLRA arose out of their allegation the motor home’s “mechanical and electrical failures were never remedied even though Geweke repeatedly assured them the problems would be fixed.” . . . Thus, the CLRA claim applied to Wells Fargo only under the Holder Rule not as a claim filed under Civil Code section 1780. Without the Holder Rule, the Laffertys would have had no claim against Wells Fargo under the CLRA. Without a direct claim under the CLRA, the Laffertys are not entitled to attorney fees under Civil Code section 1780 against Wells Fargo.

(Lafferty v. Wells Fargo Bank, N.A., (2018) 25 Cal.App.5th 419.)

Plaintiff failed to file any Reply addressing the Lafferty Rule.

Accordingly, the motion is DENIED.

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