Consumer Statutes: 4/1 DCA Publishes Etcheson “Lemon Law” Fee Reversal Opinion

Trial Judge Awarded A Minimal Award Based On Erroneously Applying CCP § 998 Penalties Of An Unjustified Nature.

            In our December 6, 2018 post, we discussed the then unpublished decision of Etcheson v. FLA US, LLC, Case No. D072793, where the 4/1 DCA reversed about a $2,637 fee/costs award by the trial judge after the tentative was to award over $86,000 in fees and costs. The abuse of discretion was in applying CCP § 998 penalties under a section 998 defense offer which had unfavorable terms and was invalid in this “lemon law” case. We can now report that Etheson was certified for publication on December 27, 2018.