Is the error in the California Consumer Protection Act allowing for costs and attorney fees to be awarded in a personal injury action?
California, United States of America
The following excerpt is from McCullough v. Fca U.S. LLC, D073330 (Cal. App. 2018):
Our independent review of this question based on undisputed facts compels us to conclude the error warrants reversal. The remedial purposes of the Act are furthered by permitting McCullough an opportunity to seek the full award of costs and reasonable fees to which he is entitled. (Murillo v. Fleetwood Enterprises, Inc., supra, 17 Cal.4th at p. 990; accord, Wohlgemuth v. Caterpillar Inc., supra, 207 Cal.App.4th at pp. 1261-1262 [provision for recovery of costs and attorney fees in the Act is an "important aspect of . . . consumer protection"; it removes the disincentive buyers might face when deciding whether to hire a lawyer, giving " 'injured consumers strong encouragement to seek legal
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redress in a situation in which a lawsuit might not otherwise have been economically feasible' "].)
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