Roth v. Department of Veterans Affairs

Opinion

DOWDS, J. *

Plaintiff brought this class action on behalf of himself and others similarly situated who, since 1968, have purchased homes or farms from defendant (Cal-Vet purchasers) under written contracts which did not expressly provide for an additional charge in the event a payment under the contract was not timely made (a late charge). Plaintiff alleged that defendant had assessed and was continuing to assess late charges against plaintiff and some members of the class and the complaint sought damages for breach of contract, declaratory relief, an injunction and an accounting. The…