C.A. 4th;
D069820

The Fourth Appellate District affirmed a judgment. The court held that the parties' settlement agreement expressly precluded the defendants' later challenges to an award of attorney fees in favor of the plaintiff.

Gerardo Medina bought a used car from South Coast Car Company, Inc. (SCCC). Veros Credit, LLC accepted an assignment of Medina's retail installment sales contract (RISC). Problems developed with the car, and Medina eventually discovered that it had previously been involved in an accident. He sued SCCC and Veros for violation of the Consumer Legal Remedies Act and related causes of action. On the eve of trial, the parties reached a settlement. Medina agreed to dismiss his action with prejudice, and SCCC agreed to pay him some $8,600. The agreement also expressly provided that SCCC and Veros would not “dispute Medina's underlying entitlement to attorneys' fees based upon the claims brought in the underlying action,” and that Medina would “be deemed the prevailing party on all causes of action for purposes of the motion” for attorney fees. Medina moved for and was awarded attorney fees.