Hernandez v. Apple Auto Wholesalers of Waterbury LLC et al
| Isaac Hernandez |
| Apple Auto Wholesalers of Waterbury LLC and Westlake Services, LLC |
| 3:2017cv01857 |
| November 3, 2017 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Victor A. Bolden |
| Consumer Credit |
| 15 U.S.C. ยง 1601 |
| Plaintiff |
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Filing
117
ORDER granting 87 Plaintiff's motion for summary judgment and denying 91 Westlake's cross-motion for summary judgment. For the reasons given in the attached ruling and order, Mr. Hernandez's motion for summary judgment against West lake is GRANTED, and Westlake's motion for summary judgment is DENIED.Summary judgment is granted to Mr. Hernandez as to Westlake's liability for breach of the implied warranty of merchantability, revocation of acceptance under Connectic ut General Statutes § 42a-2-608, and for CUTPA claims based on Apple Auto's violation of the Truth in Lending Act, negligent misrepresentation of the safety and merchantability of the car and its failure to comply with safety inspection req uirements under Connecticut General Statutes § 14-62(g).As the Court ordered with respect to Apple Auto, the Contract is canceled because Mr. Hernandez validly revoked acceptance of the Vehicle.The Court determines that actual damages amou nt to $1,500, incidental damages amount to $650, attorney's fees and costs amount to $18,000, and punitive damages amount to $2,150. These damages, fees, and costs total $22,300. But because Westlake's liability is capped at $13,942.13 under Connecticut General Statutes § 52-572g and the Federal Trade Commission's Holder Rule, the Court awards $13,942.13 against Westlake. The Clerk of Court is respectfully directed to enter judgment accordingly, and then close this case. Signed by Judge Victor A. Bolden on 9/30/2022. (Sullivan, John)
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Filing
101
ORDER certifying the following questions to the Connecticut Supreme Court:1. When is the limit on assignee liability, "the amount of indebtedness then outstanding," determined under Conn. Gen. Stat. § 52-572g? 2. Can an assignee avoid liability under Conn. Gen. Stat. § 52-572g by re-assigning the promissory note, contract or other instrument back to the seller? If so, by when must the assignee reassign the loan to avoid liability?3. If a retail installment contract i ncludes the language mandated by 16 C.F.R. § 433, the FTC Holder Rule, is the assignee liability under this incorporated contractual language cumulative to the statutory liability under Conn. Gen. Stat. § 52-572g?The Clerk of Court is respectfully ordered to effectuate the certification. Signed by Judge Victor A. Bolden on 5/18/2020. (Leon, Noel)
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