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Tuesday, September 26, 2017

Medina v. South Coast Car Company, Inc

The language in a settlement agreement did not preclude plaintiff from recovering any attorney fees, costs and prejudgment interest. The settlement acknowledged the plaintiff was the prevailing party on all causes of action and that defendants would not dispute his entitlement to an award, as opposed to the amount, of attorney fees and costs. A "holder" of a retail sales installment contract was properly held liable for the award of attorney fees and costs since the sales contract provided that the holder of the contract would be subject to all the claims the plaintiff could assert against the seller, and the holder of the contract was also a party to the settlement agreement.

Medina v. South Coast Car Company, Inc. - filed Sept. 19, 2017, publication ordered Sept. 25, 2017, Fourth District, Div. One
Cite as 2017 S.O.S. 4774

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