Pulliam v. HNL Automotive, Inc. – Los Angeles County
New published appellate victory! 2021 WL 302885. The Court of Appeal affirmed the trial court’s award of $169,602 in attorney’s fees (which included a 1.2 multiplier). More importantly, the Court of Appeal took a hard look at the FTC Holder Rule and ruled that a consumer can recover attorney’s fees against the Holder (the finance company) in addition to “the amounts paid hereunder.” This is a huge win for consumers. When attorney fees cannot be recovered from the Holder, the viability of consumer claims was based on the likelihood of the fly-by-night seller disappearing without paying the judgment. Now the viability is based on the merits of the case because the large finance companies cannot simply disappear to avoid the judgment.