Valdez v. Seidner-Miller, Inc.Annotate this Case
Where a business conditions its offer to remedy a violation of the Consumer Legal Remedies Act (CLRA) on the consumer waiving his or her right to injunctive relief and remedies under other statutes and common law, the offer is not an appropriate correction offer as contemplated by Civil Code section 1782, subdivision (b), and does not bar a lawsuit by the consumer. Neither can the business demand as part of its correction offer that the consumer consent to additional settlement terms unrelated to the compensation necessary to make the consumer whole.
Plaintiff filed suit alleging that Seidner violated the CLRA, the unfair competition law (UCL), and Civil Code section 1632 (requiring translation of certain contracts), and committed fraud in connection with the company's lease of a vehicle to plaintiff and his wife. The Court of Appeal reversed the trial court's grant of summary judgment in favor of Seidner. The court held that, although Seidner's correction offer was timely, it was not appropriate. The court also held that, to the extent Benson v. Southern California Auto Sales, Inc., (2015) 239 Cal.App.4th 1198, reached a contrary conclusion, the court disagreed with it. In this case, Seidner did not make an appropriate correction offer, and thus failed to meet its burden of showing a complete defense to plaintiff's claims to support the grant of summary judgment.