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Mendez v. Subaru - Appeal

California
Jun 02, 2006

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

CA Appeals Court affirms attorneys fees to Subaru in warranty claim

SAN JOSE, CA - On Tuesday, June 2, 2006, a California Appeals Court affirmed the trial court's award of attorney's fees to Subaru of America in Mendez v. Subaru.  Plaintiff Luis Mendez was ordered by the trial court judge to pay Subaru $75,000 in attorney's fees following the finding he attempted to commit fraud and he did not bring his warranty claim in good faith.

On appeal, Mendez contended the fees award should be reversed because the court applied an objective test, rather than a subjective test when it determined his action was not brought in good faith.  In an unpublished decision, the appeals court found there was substantial evidence to support the bad faith finding and upheld the award.

Mendez v. Subaru of America, Inc.
Case No. 1-02-CV808407
Judge J. McAdams, Acting Judge, P.J. Mihara and Judge J. Duffy
California Appeals Court, Sixth Appellate District

Attorney for Defense:
Barbara J. Frischolz of Bowman and Brooke LLP, San Jose, CA

Attorney for Plaintiff:
Kinsey Consumer Law Center, Soquel, CA

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