If you are a California consumer who purchased motor vehicles from DACM, Inc. for which DACM, Inc. arranged or assisted with financing for the purchase of the motor vehicle through a lender issuing a credit card and for which DACM, Inc. listed the lender issuing the credit card as the ‘”LIENHOLDER OR LEGAL OWNER” on the Application for Registration of New Vehicle or “NEW LIENHOLDER” on an Application for Transfer by New Owner that DACM, Inc. sent to the California DMV from October 3, 2014 to October 21, 2023, you are a member of the settlement class.
Jose De Jesus Villa-Cardenas v. DACM, Inc. dba Del Amo Motorsports of Orange Orange County Superior Court, Case No. 30-2018-01023401-CU-BT-CXC
This lawsuit concerns the sale of motorcycles by Defendant DACM, Inc. using sales forms that Plaintiff contends do not comply with California consumer protection laws. Plaintiff Jose De Jesus Villa-Cardenas claims that DACM, Inc. sold motorcycles pursuant to without making all disclosures required under California’s Rees-Levering Automobile Sales Finance Act (Civil Code §2981 et seq., the “Rees-Levering Act”), a law that governs the sale of motor vehicles under conditional sales contracts; that DACM, Inc. failed to provide motorcycle buyers with all documents and financial disclosures required by the Rees-Levering Act; and that DACM, Inc. engaged in deceptive and unfair business because the consumers did not receive a single document with all sales terms. Plaintiff asserts causes of action under the California Consumers Legal Remedies Act, Civil Code §1750, et seq., and Business and Professions Code §17200, et seq. Plaintiff, individually and on behalf of the Class, seeks recovery of damages and other forms of relief.
DACM, Inc. denies Plaintiff’s allegations and contends that it made all disclosures that were required of it by law, and did not make any false and deceptive representations. DACM, Inc. contends that the Rees-Levering Act permits these third-party credit card transactions, and that DACM, Inc. has at all times complied with all applicable requirements of the Rees-Levering Act and California consumer protection laws. DACM, Inc. also contends that Plaintiff’s claims are preempted by Federal Law, which regulates these transactions. DACM, Inc. denies Plaintiff’s allegations, denies that any violations of any law occurred, and denies that Plaintiff and Class members have experienced any injury or are entitled to any form of relief.
The Court preliminarily certified this action as a class action for settlement purposes on January 23, 2025. Class certification means that Plaintiff may seek relief from DACM, Inc. on behalf of every Class member, and that he has authority to resolve all claims raised in the Action on behalf of all Class Members. The Court defined the Class as follows:
all California consumers who purchased motor vehicles from DACM, Inc.;
for which DACM, Inc. arranged or assisted the consumer with financing for the purchase of the motor vehicle through a lender issuing a credit card;
and for which DACM, Inc. listed the lender issuing the credit card as the “LIENHOLDER OR LEGAL OWNER” on an Application for Registration of New Vehicle or “NEW LIENHOLDER” on an Application for Transfer by New Owner that DACM, Inc. sent to the California DMV;
from October 3, 2014 to October 31, 2023.
If you are received a Notice in the mail, you are a member of this Class.
These rights and options, and the deadlines to exercise them, are explained in the Notice
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT | ||
| ACTION | EXPLANATION | DUE DATE |
| DO NOTHING | If you do nothing, you will receive your share of the settlement proceeds and will be bound by any final approval of the settlement and judgment entered by the Court. | No deadline |
| ASK TO BE EXCLUDED | You may exclude yourself from this class action lawsuit and from this settlement (“opt out”). If you opt out, you will not remain as a member of the Class and you will not participate in the settlement. | To opt out, you must send a written request to the Settlement Administrator no later than 60 days from the date of this Notice. If you opt out, the information you must provide to the Settlement Administrator is described in the notice. |
| OBJECT | You may tell the Court about why you don’t like this settlement. However, whether you object to the settlement or not, you will remain in the Class, and you will be bound by any final approval of the settlement and judgment entered by the Court. | To object to the settlement, you can send a written objection to the Settlement Administrator no later than 60 days from the date of this Notice. You may also attend the Final Approval hearing and object at the hearing without making a written objection. |