Damian v. Tamondong

Opinion

PHELAN, P. J.—

I. Introduction

Pursuant to rule 63 of the California Rules of Court, this case was certified by the Appellate Department of the San Francisco Superior Court for our *1117review. It presents an issue of first impression: whether the defendant in a deficiency action brought under the Rees-Levering Automobile Sales Finance Act (Civ. Code, § 2981 et seq.) (hereinafter, the Rees-Levering Act or the Act)1 can be the “prevailing party” for purposes of awarding attorney fees pursuant to section 2983.42 where, prior to trial, the plaintiff has voluntarily dismissed the underlying…