CALIFORNIA CLASS ACTION LAW

Tag: Saundra Brown Armstrong

Northern District Denies Motion to Compel Arbitration Where Plaintiffs Sought Only Injunctive Relief Under Unfair Competition Law

records of financial catastrophe from americredit
Image by stevendamron via Flickr

The United States District Court for the Northern District of California denied a motion to compel arbitration where plaintiffs sought only injunctive relief under the California Unfair Competition Law (“UCL”).  Cardenas v. Americredit Financial Services Inc., No. C 09-04978 SBA, 2010 WL 3619851 (N.D. Cal. Sept. 13, 2010).

Plaintiffs allege that Defendant AmeriCredit Financial Services, Inc. (“AmeriCredit”), failed to provide Mr. Cardenas with proper notice of his rights in connection with the financing of his car, ostensibly in violation of California’s Unfair Competition Law (“UCL”), California Business and Professions Code § 17200.  Id. *1.  After plaintiff defaulted on his payments, AmeriCredit repossessed Cardenas’ vehicle. Id. *3. The vehicle was subsequently sold and on thereafter, AmeriCredit informed Cardenas that his car had been sold for $12,000, but that he still owed them a deficiency balance of $12,733.85 (i.e., the amount owed on his loan less the amount recovered from the sale of the car). Id. Mr. Cardenas paid only part of the deficiency balance, and AmeriCredit later reported Cardenas’ deficiency to credit bureaus. Id. Read the rest of this entry »

Advertisements

Northern District Rejects Defendant’s Motion to Communicate Ex Parte With Class Members

Streets of San Francisco

Image by Frank Kehren via Flickr

The Northern District denied a class defendant’s request to communicate ex parte with class members.  Kirola v. City and County of San Francisco, No. C 07-03685 SBA, 2010 WL 3505041 (N.D. Cal. Sept. 7, 2010). Defendant City and County of San Francisco (“City”) brought an administrative motion, seeking authorization to communicate with eight specific class members.  Id. The City contended that free communication with these individuals is essential to allow the City to prepare adequately for trial.  Id. The City sought to “present their testimony at trial in order to establish its policies and practices regarding physical access, which is the core issue in this case.” Id. Read the rest of this entry »