Benson v. Southern Cal. Auto SalesAnnotate this Case
Robert Benson appealed the denial of his motion for attorney fees and costs from respondent Southern California Auto Sales, Inc. (SCAS), after he obtained a favorable judgment based on the Consumer Legal Remedies Act (CLRA). The court found that SCAS had offered Benson an appropriate correction upon receiving the statutorily required notice of problems with its used car. Benson contended the trial court erred in deciding SCAS had offered him an appropriate correction under the CLRA, and further that he was entitled to attorney fees as the prevailing party. After review, the Court of Appeal chose to defer to the trial court's determination of whether a correction offer was appropriate in this case. "Whether a plaintiff can recover attorney fees and costs incurred in an action for damages after being offered an appropriate correction is a matter of statutory interpretation, and we conclude CLRA fees and costs are not available under these circumstances."