Garcia v. Mercedes-Benz USA

A buyer is not a prevailing party entitled to recover attorney's fees under the Song-Beverly Consumer Warranty Act if, through settlement with the manufacturer, all she obtains by litigating is the payment of dealer add-ons for which the manufacturer is not responsible and the payment of attorney’s fees. The Court of Appeal affirmed the denial of attorney's fees in this case where the parties entered into a confidential settlement leaving attorney's fees and costs unresolved. The court modified the judgment to award costs because the buyer obtained a net monetary recovery by virtue of the settlement. View "Garcia v. Mercedes-Benz USA" on Justia Law