Assignment

Edwards v. RAL Automotive Group, Inc. et al., 2006-943 (N.H. S.Ct., Feb. 13, 2008)

DALIANIS, J. Minato Auto, LLC (Minato) and its principal, James G. Boyle, appeal the order of the Superior Court (Morrill, J.) requiring them to indemnify RAL Automotive Group, LLC (RAL) for breach of contract damages that RAL was ordered to pay Jay C. Edwards. We reverse and remand.

Couture v. G.W.M., Inc. d/b/a Auto-Torium, et al., 02-C-318 (Hillsborough, North, Dec. 3, 2002)

The plaintiffs, Steven and Lynn Couture, instituted this proposed class action to obtain redress for alleged deceptive practices engaged in by the defendants in connection with the financing of used cars purchased by the plaintiffs and members of the class. The defendants are G.W.M., Inc. doing business as the Auto-Torium, a New Hampshire automobile dealer licensed under the provisions of RSA chapter 361-A (1995 and Supp. 2002); WFS Financial, Inc., a California corporation engaged in the business of providing subprime car loans to individuals with poor credit histories and which purchased the Coutures' retail installment sales contract from Auto-Torium.; and ten additional, as-yet-unidentified, auto finance companies (referred to in the complaint as "John Does 1-10") which also purchased installment sales contracts from Auto-Torium. The amended complaint asserts claims against Auto-Torium for violation of RSA 361-A, the Retail Installment Sales of Motor Vehicles Act, and RSA 358-A (1995 and Supp. 2002), the Consumer Protection Act (CPA), and for breach of contract; and also seeks to hold WFS liable as an assignee pursuant to the terms of the contract and under the Federal Trade Commission's (FTC) "Holder Rule," 16 C.F.R. § 433, (count V). The matter comes before the court at this time on motions to dismiss filed by Auto-Torium and WFS. I conclude that the CPA claim must be dismissed, but that in all other respects the motions must be denied.
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