Welcome to the Buckingham v. Automotive Funding Group Settlement Website
A lawsuit entitled Curtis Buckingham v. Automotive Funding Group d/b/a County Financial Services, et al. (“AFG”) was filed in the Los Angeles County Superior Court, Case No. BC492394 (the “Action”). Plaintiff Curtis Buckingham (“Plaintiff”) alleges that the “Notice of Intention to Dispose of Motor Vehicle,” commonly referred to as an NOI, sent by AFG between October 2, 2010 to February 16, 2018 regarding repossessed vehicles did not comply with California’s Automobile Sales Finance Act, and that AFG is not entitled to collect the deficiency if a deficiency balance remained after a subsequent sale of the vehicle. Plaintiff brought claims for violations of the Rees-Levering Automobile Sales Financing Act, Civil Code § 2981, et seq.; conversion; violations of the Unfair Competition Law, Business and Professions Code § 17200, et seq.; Fraudulent Conveyance, Civil Code § 3439.04 and § 3439.05; and Resulting Trust.
On February 16, 2018, AFG filed for Chapter 7 bankruptcy protection, Case No. 8:18-bk-10516-CB (the “Bankruptcy Case”), with Karen Sue Naylor duly appointed as the Chapter 7 Trustee (the “Trustee”) of the Bankruptcy Estate (the “Estate”) of AFG.
On or about February 14, 2020, the Trustee on behalf of AFG, Mitchell Leyton, Nadine Leyton, Corey E. Leyton, and Lesley A. Leyton as Trustee of the Leyton Family Trust (collectively, the “Leyton Parties”), 3 Generation, Inc. d/b/a California Auto Finance (“3rd rd Generation”), and Plaintiff Buckingham (collectively “the Parties”)agreed to enter into a Settlement Agreement and Release in the Bankruptcy Case. Simultaneously, the Parties agreed to enter into a Class Action Settlement Agreement and Release to settle the claims at issue in this Action. The Settlement Agreement and Release in the Bankruptcy Case was approved by the Bankruptcy Court on May 6, 2020, by way of order entered May 6, 2020.
The Action is called a “Class Action” because the Plaintiff is suing on behalf of other people with similar claims, called “Class Members.” The Parties have agreed to treat the Action as a Class Action for settlement purposes only.