California Court of Appeals, Second District, Eighth Division
Cal.Rptr.3d 337] APPEAL from a judgment of the Superior Court
of Los Angeles County, Elizabeth A. White, Judge. Affirmed.
(Los Angeles County Super. Ct. No. BC640449)
Office of Steven A. Simons and Steven A. Simons, Northridge,
for Plaintiffs and Respondents.
Law Firm and Jared Gross for Defendant and Appellant.
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is an appeal from a jury verdict in favor of plaintiff Mike
Kalta on his claim against defendant for violation of the
Consumers Legal Remedies Act (CLRA; Civ. Code, � 1750 et
seq.) Defendant contends the judgment must be reversed
because Mr. Kalta is not a consumer with standing to sue
under the CLRA. We affirm.
glean the following facts from the rather limited record on
appeal, which did not include the pleadings, a transcript of
the hearing on the motions in limine, the trial exhibits, or
appears plaintiffs Mike Kalta and his business, Greenfield
Landscaping, Inc., sued defendant Fleets 101, Inc. for
violation of the CLRA based on misrepresentations made during
the sale of a used truck to plaintiffs.
Defendant admitted in response to plaintiffs’ request for
admissions that the vehicle was purchased for Mr. Kalta’s
personal use. Before trial, defendant moved in limine to
preclude plaintiffs from introducing this admission at trial,
and to preclude any reference at trial to plaintiffs as
"consumers" under the CLRA. These motions were
denied. Defendant makes no claim of error in the court’s
ruling denying these motions in limine.
evidence at trial was that Mr. Kalta purchased the vehicle
through his company, Greenfield Landscaping, Inc., due to his
poor credit. Title was taken in the business’s name. However,
Mr. Kalta testified the vehicle was for his personal use, and
the Retail Installment Sale Contract states the truck was
purchased for personal and not commercial purposes. The trial
court instructed the jury ...