KUNERT v. MISSION FINANCIAL SERVICES CORP.

No. B157019.

1 Cal.Rptr.3d 589 (2003)

110 Cal.App.4th 242

Jon L. KUNERT et al., Plaintiffs and Appellants, v. MISSION FINANCIAL SERVICES CORPORATION, Defendant and Respondent. Angela Hicks et al., Plaintiffs and Appellants, v. Consumer Portfolio Services, Defendant and Respondent. Cathy Darnold et al., Plaintiffs and Appellants, v. The Money Store Auto Finance, Inc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

Review Denied October 29, 2003.


Attorney(s) appearing for the Case

Rex Parris Law Firm, R. Rex Parris and James S. Kostas, Lancaster; Marlin & Saltzman, Stanley D. Saltzman, Woodland Hills, and Louis M. Marlin, Anaheim; Mazursky, Schwartz & Angelo, Los Angeles, Arnold W. Schwartz and Mark D. Bradley for Plaintiffs and Appellants.

Severson & Werson, Jan T. Chilton and Donald J. Querio, San Francisco; Foell & Elder and William N. Elder, Jr., Anaheim, for Defendant and Respondent Mission Financial Services Corporation.

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Thomas J. Prenovost, Jr., Santa Ana, for Defendant and Respondent Consumer Portfolio Services.

Anglin, Flewelling, Rasmussen, Campbell & Trytten, Robin C. Campbell and Mark T. Flewelling, Los Angeles, for Defendant and Respondent The Money Store Auto Finance, Inc.

Musick, Peeler & Garrett, Charles E. Slyngstad and Peter T. Haven, Los Angeles, for California Motor Car Dealers Association as Amicus Curiae on behalf of Defendants and Respondents.


SUMMARY

BOLAND, J.

This case involves the legality of arrangements under which consumers purchase automobiles on credit through conditional sale contracts with automobile dealers. The dealers assign the contracts to finance companies, and the finance companies pay the dealers a portion of the finance charges (called a "dealer participation" or "dealer reserve") due under the assigned contract.

The consumers in this case assert that payment of the...

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