FACTS AND PROCEDURAL BACKGROUND
Car Purchase and Repair
Defendant and appellant Southcoast Automotive Liquidators, Inc., doing business as Discount Auto Plaza (Dealer), publishes print advertisements on Wednesdays that advertise low prices for specific cars to attract customers to the dealership. Small print at the bottom of the advertisements states that the price expires at 12:00 p.m. on the day of publication. A customer who calls before noon to inquire about a car in an advertisement will be quoted the sale price. If the customer arrives at the dealership in the afternoon, the advertisement has expired and the car is sold for full price. Dealer also posts the advertisements online for about three hours. The advertisements on the internet do not contain expiration information and are simply taken down after three hours.
The next day, Flores, her mother, and her sister drove from Oxnard to South Gate to view the car. Upon arriving, they asked for Sergio. A salesperson falsely responded that he was Sergio. Flores showed him the advertisement from the internet. He showed her a black 2009 Dodge Charger with body damage and mileage of 107,000. He said it was the only black Charger on the lot, but the Dealer could repair the damage. Flores was very excited to purchase a car and thought it might still be worth buying. They went inside to discuss the paperwork. Flores's mother recognized the voice of another salesperson as the real Sergio. He said the price of $9,000 was for a cash payment, so Flores's price would be the advertised price of $9,995.
Sergio told the assistant manager that Flores wanted to buy the Charger. The assistant manager called the manager and asked what he wanted to sell the Charger for, then put the number in the paperwork as the total cash price. Salesperson Maria Guadalupe Jauregui assisted Flores with the paperwork for the purchase, bringing each document out from the printer. While Flores completed the paperwork, a fight broke out between the male salespeople over credit for the sale, and the police responded.
One document listed the selling price as $16,995. Flores's mother noticed that it stated the amount financed was $17,401 and asked why the document did not say $9,995. Jauregui said not to worry about it, because they were just throwing numbers out and that number would not stay. Flores signed an optional gap insurance contract for $895 without reading it or
On the drive home, Flores noticed a tire warning light was on. After that, the engine light went on. Flores brought the car to a mechanic the next day
When Flores returned to Dealer to pick up her car, Jauregui came outside. She said Dealer had not been honest with either of them and not to pay any more money. Flores took the car back to the mechanic immediately, who said the repairs had not been made. The check engine light continued to indicate, and the car often failed to start.
Demand Letter and Legal Action
On May 31, 2013, attorney Amy Hajduk sent a letter on behalf of Flores to Dealer. She described the advertisement for the car and the conversations that Flores's family had with Dealer's salespeople. The letter stated that when Flores questioned the price discrepancy in the sales contract, Jauregui said to disregard the numbers. Jauregui said she would switch the financing company in six months and the price would go down $11,000.
Hajduk asserted that Dealer's acts constituted unfair methods of competition and/or unfair or deceptive acts in violation of the CLRA. Flores demanded Dealer remedy the violations within 30 days by consenting to the entry of a specific injunction preventing any further predatory acts against the public. The injunction would prohibit Dealer from continuing to violate CLRA provisions set forth in the letter and/or engaging in the practices against Flores and other members of the public. She also demanded that Dealer return all the funds that she had paid, and pay incidental, consequential, and actual damages that she had suffered due to Dealer's violations of the CLRA. Flores further demanded payment of her legal costs and attorney fees.
On June 7, 2013, Flores filed a complaint against Dealer and Lender alleging several causes of action, including violation of the CLRA, violation of the UCL, fraud, violation of the Song-Beverly Consumer Warranty Act (Song-Beverly Act; Civ. Code, § 1790 et seq. ), and violation of the Magnuson-Moss Consumer Warranty Act (Magnuson-Moss Act;
On June 25, 2013, Dealer's counsel called Flores's counsel and offered complete rescission of the purchase agreement with no offset, plus $1,500 for
On July 3, 2013, Dealer's counsel wrote to Flores's counsel and denied Flores's claims. Dealer noted that the price stated in the print advertisements expired at 12:00 p.m. on the day of publication and was subject to approved credit. Flores did not purchase the car on the day that the advertisement was published. Dealer offered to fully rescind the contract, refund
Flores rejected the offer because she did not believe it compensated her attorneys. On September 9, 2013, Dealer and Lender filed an answer containing a general denial to the allegations of the complaint and asserting affirmative defenses. On February 19, 2015, Flores filed an ex parte motion for permission to file an amended complaint seeking damages under the CLRA. The proposed amended complaint continued to seek an injunction against violations of the CLRA, but also sought restitution, actual damages, and punitive damages.
A bench trial began on April 1, 2015. In closing argument, Flores's attorney David Cooper argued that the cause of action under the CLRA focused on deceptive trade practices, specifically, Dealer's deceptive online advertising that failed to mention any expiration and Dealer's gap insurance practices. Flores sought a wide range of relief, including an injunction to prevent this type of advertising. He added, "The UCL claim in cause of action number 2 is largely overlapping the CLRA claim, cause of action number 1, in that we're seeking injunctive relief. So, the same argument would be made as to that, an order enjoining the future behavior of the dealer in so far as they are attempting to sell cars at prices great[ly] beyond the advertised price merely because someone comes in at noon-or 12:01, instead of noon." Cooper noted that the settlement offer from Dealer did not address the request for an injunction.
In response, Dealer and Lender's attorney argued that correction offers under the CLRA do not need to include an injunction to be reasonable. "With regard to the claim for an injunction under both, really, the CLRA and UCL,
The trial court ruled on April 2, 2015, that Dealer made a valid settlement offer to resolve the situation in good faith, and therefore, damages were not justified as to either defendant for violation of the CLRA. The court also found in favor of Dealer and Lender on the cause of action for fraud. However, the court found violations of the UCL, Song-Beverly Act, and the Magnuson-Moss Act based on breach of warranty. The court granted judgment against Dealer for general damages of $15,409.95, plus civil penalties of $23,114.93. The court granted judgment as against Lender in the amount of $12,491.52, which represented Lender's
Post-Judgment Proceedings
Flores filed a motion for an award of attorney fees of $80,927.25 under the Song-Beverly Act. Dealer and Lender opposed the motion. They also filed a motion to set aside and vacate the judgment on several grounds. Flores opposed the motion to vacate the judgment. Flores argued the trial court's finding that the correction offer complied with the CLRA only prevented liability for damages under the CLRA. She argued that after filing a successful action for injunctive relief, even if the defendant responds with an appropriate corrective offer as to damages, the plaintiff is entitled to attorney fees.
A hearing was held on the attorney fees motion on June 9, 2015. The trial court took the matter under submission. A hearing was held on June 25, 2015, on the motion to set aside and vacate the judgment. The trial court revised its
The trial court also reconsidered its findings on the fraud cause of action. Fraudulent misrepresentations had been made about the car in telephone conversations to induce Flores to drive to the dealership, which violated the CLRA and the UCL. Jauregui misrepresented the finance agreement when she told Flores's mother that Dealer was simply throwing numbers out and would rewrite the price later, which violated the CLRA and the UCL. Flores's assent to the contract was procured by a false promise, which vitiated her consent. Dealer represented that repairs were performed which had not been done, which was also a violation of the Song-Beverly Act. The court found in favor of Flores on the fraud cause of action and awarded general damages of $15,409.25. The trial court determined $15,409.25 was an appropriate award of punitive damages.
The trial court also awarded attorney fees to Flores under Code of Civil Procedure section 1021.5. The court found the injunction conferred a significant benefit upon the general public and was more than an ancillary benefit. It alleviated the necessity and financial burden of private enforcement, and in the interests of justice, the fees should not be paid out of the recovery. The court reduced the amount of fees to $24,278.18 to reflect the causes of action eligible for fees under the statute on which Flores had prevailed for the public benefit. The court found 70 percent of the fees incurred were for Flores's private benefit and 30 percent were for the public benefit. Costs were determined to be $3,922.50.
DISCUSSION
I. Standard of Review
We interpret a statute de novo. ( In re J.P. (2014)
II. The CLRA is Not an Exclusive Remedy
Dealer and Lender contend the CLRA is the exclusive remedy for conduct encompassed by the CLRA, and Flores cannot recover for fraud or violation of the UCL based on the same conduct. They argue that the reasonable correction offer barred Flores from maintaining an action for damages under the CLRA, so she cannot maintain an action for damages based on the same conduct under another statutory or common law cause of action. This is incorrect.
The remedies of the CLRA are cumulative of other rights. The CLRA expressly states: "The provisions of this title are not exclusive. The remedies provided herein for violation of any section of this title or for conduct proscribed by any section of this title shall be in addition to any other procedures or remedies for any violation or conduct provided for in any other law. [¶] Nothing in this title shall limit any other statutory or any common law rights of the Attorney General or any other person to bring class actions. Class actions by consumers brought under the specific provisions of Chapter 3 (commencing with Section 1770) of this title shall be governed exclusively by the provisions of Chapter 4 (commencing with Section 1780); however, this shall not be construed so as to deprive a consumer of any statutory or common law right to bring a class action without resort to this title. If any act or practice proscribed under this title also constitutes a cause of action in
At least 30 days before filing an action for damages under the CLRA, the consumer must provide written notice of the particular violations of section 1770 and demand that the party responsible correct, repair, replace or otherwise rectify the goods or services. (§ 1782, subd. (a).) "Except as provided in subdivision (c) [relating to class actions], no action for damages may be maintained under Section 1780 if an appropriate correction, repair, replacement, or other remedy is given, or agreed to be given within a reasonable time, to the consumer within 30 days after receipt of the notice." (§ 1782, subd. (b).) An action for injunctive relief under section 1770 may be filed without sending a notice under section 1782, subdivision (a). (§ 1782, subd. (d).) The consumer may amend his or her action for injunctive relief to include a request for damages after complying with section 1782, subdivision (a). (Ibid. )
Dealer's reasonable correction offer prevented Flores from maintaining a cause of action for damages under the CLRA, but it did not prevent her from pursuing remedies based on other statutory violations or common law causes of action based on conduct under those laws. We note that plaintiffs routinely plead fraud, UCL, and CLRA claims based on similar allegations. (See, e.g., Miller v. Bank of America, NT & SA (2009)
The CLRA has always stated that its provisions are not exclusive. The 1975
We have taken judicial notice of the legislative history of Assembly Bill No. 1411 (1975-1976 Reg. Sess.), on our own motion. ( Evid. Code, §§ 452, 459 ; In re J.W. (2002)
III.-IV.
DISPOSITION
The judgment is affirmed. Respondent Krystal Flores is awarded her costs on appeal.
We concur:
BAKER, J.
DUNNING, J.
Notes
All further statutory references are to the Civil Code unless otherwise stated.
Sergio's last name is not provided in the record on appeal.
See footnote *, ante.
Judge of the Orange Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.