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Mora v. Harley-Davidson Credit Corp.

July 31, 2009

LUIS MANUEL MORA, INDIVIDUALLY, AND ON BEHALF OF THE CLASS, PLAINTIFF,
v.
HARLEY-DAVIDSON CREDIT CORP., A CORPORATION AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER AFTER SCHEDULING CONFERENCE

Conference Date: 11/4/09

Further Scheduling

8:15 Ctrm. 3

I. Date of Scheduling Conference.

July 31, 2009.

III. Summary of Pleadings. Plaintiff's Summary

1. This case involves Plaintiff's purchase of a 2006 Harley-Davidson motorcycle on October 4, 2006. It is undisputed that during the course of Plaintiff's purchase transaction, Plaintiff dealt only with the selling dealer regarding the purchase and finance of the vehicle. The conditional sales contract was assigned to Harley-Davidson Credit Corp. ("HDCC"). Plaintiff alleges that the motorcycle was defective and unrepaired after a reasonable number of repair attempts. Plaintiff voluntarily surrendered the motorcycle to HDCC in about August, 2007. In his Complaint for Restitution and Damages, Plaintiff and the class allege Defendant violated Rees-Levering Automobile Sales Finance Act, Civil Code § 2981, et seq., and Business and Professions Code § 17200, et seq. Plaintiff and the class seek restitution, damages, and such other legal and equitable relief as allowed by law, and attorneys' fees and costs.

Defendant's Summary

2. Plaintiff did not purchase the motorcycle pursuant to a conditional sales contract, rather, Plaintiff financed his motorcycle purchase by obtaining a direct loan from HDCC's subsidiary, Eaglemark Savings Bank ("ESB") and ESB assigned its rights to HDCC. Plaintiff surrendered the motorcycle and HDCC provided Plaintiff with a Notice of Intent to Dispose of Repossessed Collateral ("Notice"). After the sale of the motorcycle, HDCC attempted to collect from Plaintiff, but Plaintiff failed to pay the remaining deficiency due on the loan. HDCC has filed an answer and affirmative defenses to Plaintiff's Complaint. In relevant part, HDCC denies that the Notice provided to Plaintiff failed to comply with applicable law and denies that Plaintiff's claims are appropriate for class treatment.

IV. Orders Re Amendments To Pleadings

1. The parties do not anticipate amending the pleadings at this time.

2. The Defendants, Does 1-10 inclusive, are ORDERED DISMISSED WITHOUT PREJUDICE, pursuant to ...


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